Doris Ling-Cohan, author of nixed pro-equality ruling Which brought Gay Marriage to the forefront

BY DUNCAN OSBORNE   http://www.gaycitynews.com

Doris Ling-Cohan was not just another judge volunteering her time in the Manhattan marriage bureau on July 24, the first day that gay and lesbian couples could marry in New York.

It was her 2005 opinion ordering New York City to issue marriage licenses to same-sex couples that brought the Empire State’s marriage fight to the fore.

“I knew it was monumental,” said Ling-Cohan of her reaction when she first received that case. “The circumstances of the plaintiffs certainly captivated me... At the end of the day, I thought justice would be served by allowing them to marry.”

The Bloomberg administration immediately announced it would appeal Ling-Cohan’s decision, which was stayed pending that higher court review. At the same time, Mayor Michael Bloomberg, who criticized her decision, said he supported gay marriage, after refusing to take a position for several years. A state appellate court overturned her in December of 2005, and in 2006 the Court of Appeals, the state’s highest court, agreed with the appellate court.

“I was disappointed,” Ling-Cohan said during a recent interview in her Centre Street chambers. “I knew my decision was controversial for its time.”

Just one year earlier, President George W. Bush had endorsed an amendment to the US Constitution that banned gay marriage. Also in 2004, ballot initiatives that banned same-sex marriage passed by large majorities in 13 states. Ling-Cohan was well in front of public opinion, most elected officials, and her fellow judges in New York.

“I think it’s difficult to be the first on a controversial issue because you will always be labeled a certain way,” she said.

Ling-Cohan’s forward thinking was vindicated in June when the State Legislature approved and Governor Andrew Cuomo signed a law establishing gay marriage.

“I’m glad the governor and the Legislature ended up doing the right thing,” Ling-Cohan said.

On July 24, the first marriage she performed was for one of the couples –– Doug Robinson and Michael Elsasser –– who were plaintiffs in the 2005 case.

“They were walking down the hallway and I said, ‘Wait for me, wait for me,’” Ling-Cohan said. The witnesses were the couple’s two sons.

“They had tears in their eyes and they weren’t the only ones,” she said.

“We were very honored to have her marry us,” said Robinson, a longtime gay activist. “There have been few notable judges throughout history that have created social change and have led humanity in the right direction. Doris Ling-Cohan is clearly one of those people. She made a decision that was historic.”

The 2005 decision relied on the law and her personal knowledge. Ling-Cohan is an Asian American, and her husband of 35 years is white; during the first two-thirds of the 20th century, anti-miscegenation laws in some states would have barred their marriage.

“In another time and place, we would not have been able to marry,” Ling-Cohan said.

Her July 24 officiating duties also drew on her life. She and her husband married in the Manhattan marriage bureau. The ceremony was so fast that they could not recall their vows. Ling-Cohan wrote the vows she used on July 24 and gave a copy to each couple she married.

“The court system gave us suggested vows. No comment,” she said. “If I were to make a comment, it would be ‘It’s known for its brevity.’”

Ling-Cohan’s vows read, in part, “We are mindful that, throughout this country’s history, certain people have been denied this fundamental right to follow their hearts and publicly commit to a lifetime partnership with the person of their choosing. Thus, this right conferred on this couple should never be taken lightly. This moment should always be remembered.”

Her 2005 decision came at a cost. When it was released, Bloomberg was scheduled to speak at a fundraiser for the Human Rights Campaign, the nation’s largest gay lobby, and, according to 2005 published reports, his aides thought the timing of the decision was meant to force a response from the mayor.


“I tried to release my decision the week before, but I held back because I wanted to deal with security issues,” Ling-Cohan said. She received death threats in 2005 and got a “quasi-death threat” this year before the marriages began. The judge does not follow the mayor’s schedule.

“I can barely keep my own schedule without a secretary,” she said.

While there was press speculation that the mayor and Ling-Cohan had tense interactions, she said that was not the case.

“The mayor has made it clear that he respects me,” she said. “We may have at times disagreed, but we respect each other.”

Ling-Cohan has officiated at many marriages since first being elected to a Civil Court judgeship in 1996. She was elected to her current Supreme Court job in 2002. Another judge, “an old timer in the Bronx,” advised her to perform marriages.

“He said we deal with a lot of misery,” Ling-Cohan said. “This is the only time where you can bring joy.”

On July 24, Ling-Cohan saw a lot of that.

“It was the most amazing day in my judicial career,” she said.

Ling-Cohan presided over the last marriage performed in the Manhattan marriage bureau on that day. Two women recruited Dan Choi, who was there as a witness for another couple, to be their witness. A printer ran out of paper, so the ceremony was delayed.

“They were very patient,” the judge said. “They waited a long time, but they were so joyful.”

Choi, the gay activist and former Army lieutenant, saw Ling-Cohan’s work on July 24 as a fitting end.

“This was a vindication for her,” he said. “She was on the right side of history.”

After finishing at the marriage bureau, Ling-Cohan went to a celebration at the Lesbian, Gay, Bisexual and Transgender Community Center.

“My husband came, too, and we danced,” she said.

Ling-Cohan recalled that “At Last” was playing as they danced.