New York court declines to recognize gay marriage

NEW YORK (Reuters) – The New York State Court of Appeals
refused to recognize same-sex marriage in a ruling issued on
Thursday, saying the issue was a question for the Legislature
to decide.

The New York case involved 48 gay and lesbian couples who
filed four separate cases seeking to overturn as
unconstitutional a 97-year-old state law that defines marriage
as between a man and woman.

The couples claimed the law violated their constitutional
rights because it defended sex discrimination. The cases were
heard together by the court in Albany.

“We hold that the New York Constitution does not compel
recognition of marriages between members of the same sex,” the
appeals court said in its 70-page ruling. “Whether such
marriages should be recognized is a question to be addressed by
the Legislature.”

In February, New York’s law was upheld in a lower appeals
court, forcing the fight to the State Court of Appeals.

It was one of several initiatives by gay rights activists
across the United States, where gay marriage has been a
divisive issue in recent years, particularly in the 2004
presidential election.

Massachusetts is the only state to permit gays to marry,
while Vermont allows same-sex couples the rights and benefits
of marriage but calls them civil unions.

In the November 2004 election, ballot measures were passed
in 11 states to ban gay marriages.