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Gays ask New York court to overturn marriage law

Posted on: Monday, 17 October 2005, 17:49 CDT

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."

Source: REUTERS

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