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New York Marriage Challenge Moves to Highest Court

Same-sex couples have no constitutional right to marry, New York's Appellate Division, 1st Department, ruled on Dec. 8, in the first decision by a state appeals court to address the issue. Rejecting a constitutional challenge, Justice Milton L. Williams wrote for a 4-1 majority that the state's limitation of marriage to a "union between one man and one woman" is based upon "innate, complementary, procreative roles, a function of biology, not mere legal rights." Joining in the majority decision were Justice James M. Catterson, George D. Marlow, and John W. Sweeny Jr.

11 minute read January 04, 2006 at 08:27 AM
By
John Caher And Daniel Wise
New York Marriage Challenge Moves to Highest Court

Same-sex couples have no constitutional right to marry, New York's Appellate Division, 1st Department, ruled on Dec. 8, in the first decision by a state appeals court to address the issue.

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