Court Says No to NY Gay Marriages

Damn! This is NOT how I wanted to start my day. Now we get to sit back and hear more self-righteous fundie tongue flapping. Joy.

ALBANY, N.Y. - New York's highest court ruled Thursday that gay marriage is not allowed under state law.

The Court of Appeals, in a 4-2 decision, rejected arguments from gay and lesbian plaintiffs that their inability to get marriage licenses in New York violated their constitutional rights.

"It's a sad day for New York families," said plaintiff Kathy Burke of Schenectady, who is raising an 11-year-old son with her partner, Tonja Alvis. "My family deserves the same protections as my next door neighbors."

Judge Robert Smith said New York's marriage law is constitutional and clearly limits marriage to between a man and a woman.

Any change in the law should come from the state Legislature, he said.
"We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives," Smith wrote.

Gov. George Pataki's health department and state Attorney General Eliot Spitzer's office have argued New York law prohibits issuing licenses to same-sex couples.

The four cases decided Thursday were filed two years ago after Massachusetts' high court ruled gay marriage should be allowed in that state. With little hope of getting a gay marriage law in New York, advocates from the ACLU, Lambda Legal and other advocacy groups marshaled forces for a court fight.

Forty-four couples acted as plaintiffs in the suits, including the brother of comedian Rosie O'Donnell and his longtime partner.