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No Quick Ruling on Gay Marriage

By Janice G. Inman
April 28, 2005

The New York Court of Appeals declined last month to take immediate appeal of two lower court decisions on the issue of gay marriage in the state. One of those lower court decisions found denial of marriage rights to same-sex partners unconstitutional under state law, while the other court found no such barrier to New York's current prohibition against gay marriage.

The Feb. 4 decision by Justice Doris Ling-Cohan of State Supreme Court in Hernandez v. Robles was the first state-level decision in New York in support of gay marriage rights. The case was brought by Lambda Legal, a gay-rights organization, on behalf of five same-sex couples who were denied marriage licenses in New York City. In siding with the plaintiffs in that action, the judge's 62-page decision ordered the state to rewrite its marriage laws to make them gender neutral, replacing the works “bride,” “groom,” “husband,” and “wife” with terms that do not denote one sex or the other.

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