After Court Decision, An Irreconcilable Difference

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On today’s gay marriage ruling, Governor Pataki and Mayor Bloomberg said that the court’s decision vindicated arguments by state and city lawyers that it is the legislature’s — and not the judiciary’s — duty to change any laws.

But they reiterated their differences on whether the legislature should, in fact, change the law.

Here’s what Governor Pataki said at a press event just moments ago in Tribeca:

“Marriage between a man and a woman has been the law in New York State since the beginning of this state and any changes to that should be made by the elected officials, the legislators, working with the executive, so I think it is clearly the right decision.”

When asked if he would sign such legislation, if lawmakers did vote to change the law, Mr. Pataki said “I would not.”

Here, by contrast, is Bloomberg:

“The state and city lawyers have long believed that the current law on the books of the State does not permit gay marriage.”

I have always thought it was something the state should not get involved in,’ said Mr. Bloomberg. “I personally campaigned to change the law.”

The court said that it is not unconstitutional to have a law that determines whom can marry whom. And so now what we have to do, if you believe that marriage should be between people if they want to do it, you go to the legislature, and I said I will do that.”

The mayor said that the plan for changing the law might entail talking with gay rights groups and coming up with a strategy. “It will eventually mean trying to convince the people in the legislature that they should change the law,” he said.

- Jason Horowitz