Legislature should decide gay marriage issue, NY judge rules

[JURIST] A New York Supreme Court judge dealt a blow to same-sex couples seeking the right to marry on Thursday, upholding the state's stance that the extension of marriage rights is a matter for the state legislature rather than the courts to decide. Last year in Ithaca [official website], 25 same-sex couples applied for marriage licenses, supported by Mayor Carolyn Peterson. Judge Robert Mulvey cited the possibility of changing social values influencing lawmakers, but said the matter is not the duty of the court to decide. Attorneys for the couples promise to appeal, but because the case hinges largely on statutory interpretation and not constitutional rights, the case will not be able to go directly to the Court of Appeals, New York's top court. The Ithaca Journal has more.

 

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