ALBANY, N.Y. (AP) -- New York's highest court ruled Thursday that gay marriage is not allowed under state law, rejecting arguments by same-sex couples who said the law violates their constitutional rights.
The Court of Appeals, in a 4-2 decision, said New York's marriage law is constitutional and clearly limits marriage to between a man and a woman.
Any change in the law would have to come from the state Legislature, Judge Robert Smith said.
''We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives,'' Smith wrote. . . .
[I]n a dissent, Chief Judge Judith Kaye said the court failed to uphold its responsibility to correct inequalities when it decided to simply leave the issue to lawmakers.
Kaye noted that a number of bills allowing same-sex marriage have been introduced in the Legislature over the past several years, but none has ever made it out of committee.
''It is uniquely the function of the Judicial Branch to safeguard individual liberties guaranteed by the New York State Constitution, and to order redress for their violation,'' she wrote. ''The court's duty to protect constitutional rights is an imperative of the separation of powers, not its enemy. I am confident that future generations will look back on today's decision as an unfortunate misstep.''
Details here from the AP via the New York Times. The Court's opinion is here.