In 2006, the NYS Court of Appeals in a 4-2 decision ruled that New York’s Domestic Law did not authorize homosexual marriage. The ruling caps multiple challenges filed by homosexual rights activists throughout New York State. The court held that the state has a rational basis for limiting marriage to opposite sex couples and held that the New York State Constitution does not provide a right to homosexual marriage. The court determined that any change to New York’s marriage laws should be addressed by the legislature.

On June 19, 2007, the NYS Assembly passed a bill by a vote of 85-61 to legalize homosexual marriage, however it was blocked in the New York state Senate. In an effort to force homosexual marriage through the courts utilizing a different legal strategy, radical homosexual rights activists who were married in Canada and other foreign countries filed suit in three out of the four judicial departments in New York state. After two departments ruled that New York has no obligation to recognize homosexual marriages solemnized in other countries or states, the Fourth Department issued a contrary ruling; Martinez v. Monroe County which stated that New York State must recognize these marriages. Without waiting for a final decision from New York's top court, Governor Patterson issued an executive order on May 14th directing all state agencies to review and revise their polices in order to recognize homosexual marriages performed in other jurisdictions. The Governor of course cited the 4th Department's ruling consistent with his political viewpoint calling homosexual marriage “a beautiful thing”.

Working together with the radical homosexual group, Empire Pride Agenda, their legislative agenda is to legalize homosexual marriage and to make a radical change to gender. The GENDA Act will legalize all forms of “gender expression” and “gender identity”  “actual or perceived” such as cross dressing and beyond. It will allow men not cross dressed or not undergoing a sex change to enter the woman’s bathroom if they “feel like a woman”.  A separate bill, “The Dignity for all Students Act” would also cover schools and would encourage any expression such as boys wearing make up or girls as home coming kings. All of the bills contain no exemption for religious institutions and will treat opposition as a hate crime. Those who are found guilty of violating the law can be forced to pay fines and monetary awards. This is just the beginning of their agenda.