Gays ask New York court to overturn marriage law

By Holly McKenna

ALBANY, New York (Reuters) – Lawyers for same-sex couples
asked a New York appeals court on Monday to overturn a state
law because it denies them the right to marry and discriminates
against gays and lesbians.

Manhattan attorney Roberta Kaplan told five judges of the
New York Supreme Court’s Appellate Division that the law
excludes some citizens from obtaining a marriage license and
securing the financial benefits of married couples.

“We believe it is a fundamental right whom you to choose to
marry,” said Kaplan, who argued the case as a cooperating
attorney with the American Civil Liberties Union.

Assistant Attorney General Peter Schiff countered that
state law established marriage as a fundamental right between a
husband and wife and never applied to same-sex couples.

“It’s up to the legislature to determine whether marriage
should be extended to same-sex marriage,” Schiff said.

The five-judge panel listened to 90 minutes of arguments in
a packed courtroom where some couples held hands and laughed as
Schiff defended the law.

The case came before an appeals court because it was thrown
out in December by a lower court, which ruled that the state’s
domestic relations law was constitutional in only allowing
marriage between a man and a woman.

Kaplan argued the law denies due process and equal
protection based on gender and sexual orientation for same-sex
couples, who are denied the rights of married couples on health
insurance and obtaining the remains of a partner who dies.

Massachusetts is the only state to recognize same-sex
marriage. Connecticut and Vermont accept same-sex civil unions
and four other states, including California, offer gay couples
some legal rights as partners.

“Because we can’t get married in New York State, we face a
future that is really kind of shaky,” said Regina Cicchetti,
alongside her partner, Susan Zimmer. “We’ve owned a home
together for 35 years. If one of us goes into a nursing home,
the other one will lose it because we don’t have spousal
privilege.”