Daniel Hernandez et al. v. Victor L. Robles, Supreme Court of New York, Appellate Division, December 8, 2005 [overturned a lower court ruling that would have allowed a same-sex marriage in New York City]. Excerpt:

The role of the courts is "to recognize rights that are supported by the Constitution and history, but the power to create novel rights is reserved for the people through the democratic and legislative processes" (Goodridge v Dept. of Pub. Health, 440 Mass 309, 356, 798 NE2d 941, 978 [2003] [Spina, J., dissenting]). Deprivation of legislative authority, by judicial fiat, to make important, controversial policy decisions prolongs divisiveness and defers settlement of the issue; it is a miscarriage of the political process involved in considering such a policy change (see Ruth Bader Ginsburg, Speaking in a Judicial Voice, 67 NYU L Rev 1185, 1205-1208 [1992] [urging a measured approach in judicial decisionmaking and citing in contrast the Supreme Court's Roe v Wade decision, which prematurely ended the political process for legislative change on the abortion issue and resulted in protracted controversy]).

The power to regulate marriage lies with the Legislature, not the judiciary…

Read the full text of the opinion. Reported in JURIST's Paper Chase here.