N.Y.'s top court rules against gay marriage

New York Court of Appeals decides that gay marriage should be determined in the state Legislature.

Published July 6, 2006 2:25PM (EDT)

New York's Court of Appeals ruled Thursday that gay marriage is not allowed under state law. In a 4-2 decision the court "rejected arguments from gay and lesbian plaintiffs that their inability to get marriage licenses in New York violated their constitutional rights," the Associated Press reports.

Kathy Burke of Schenectady, who, with her partner, was one of 44 plaintiff couples, said, "It's a sad day for New York families. My family deserves the same protections as my next door neighbors."

Judge Robert Smith said that the state's marriage law is constitutional and sanctions marriage only between a man and a woman. Smith said that any change in the law should come from the state Legislature, writing, "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."

By Sarah Goldstein

Sarah Goldstein is an editorial fellow at Salon.

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