Attorneys with the Alliance Defense Fund (ADF) filed a lawsuit Wednesday against the New York Department of Civil Service, alleging the agency exceeded its authority when it redefined the term "spouse" in its benefits policy to include homosexual couples.
Brian Raum, senior legal counsel for ADF, said the agency's definition includes same-sex couples married in another country or state where the marriage was legal – despite the fact that New York law defines marriage as the union of one man and one woman.
"They implemented a policy which directs any agency at the state or local level to provide health insurance benefits to those spouses," Raum said, a move that is "unconstitutional and in essence applies the law of a foreign country to New York.
"This is an illegal act, not only because there is not authority for the department to change the definition of 'spouse,' but it's also illegal in New York for any agency to promote a partisan political agenda with the use of tax funds and resources – and that's exactly what's happening."
The policy change came the same day Gov. Eliot Spitzer introduced a bill that would legalize same-sex marriage.
Bruce Hausknecht, judicial analyst for Focus on the Family Action, said the disdain some state officials have shown for the democratic process is appalling.
"In recent years New York has suffered through numerous attempts by rogue bureaucrats to impose the homosexual agenda for same-sex marriage upon that state," he said. "Even the decree issued last year by New York's highest court –that one-man, one-woman marriage is the law – hasn't deterred these anti-democratic attempts to trump the people's will."
And this is not about marriage alone, Hausknecht added.
"It's also about the very survival of democracy against the tyranny of those who seek to undermine our foundations of self-government by imposing undesired social change by edict."
