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.

Maj. Jeffrey McGowan, left, and Billiam van Roestenberg celebrate their marriage Feb. 27, 2004, in New Paltz, N.Y., after they were married by New Paltz Village Mayor Jason West. New York's highest court ruled Thursday, July 6, 2006, that gay marriage is not allowed under state law. The Court of Appeals in a 4-2 decision rejected arguments from gay and lesbian plaintiffs throughout the state that their inability to get marriage licenses in New York violated their constitutional rights. [AP]

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.

Gov. George Pataki's health department and state Attorney General Eliot Spitzer's office had argued New York law prohibits issuing licenses to same-sex couples. The state had prevailed in lower appeals courts.

"It's a sad day for New York families," said plaintiff Kathy Burke of Schenectady, who is raising an 11-year-old son with her partner, Tonja Alvis. "My family deserves the same protections as my next door neighbors."

The judges declined to follow the lead of high court judges in neighboring Massachusetts, who ruled that same-sex couples in that state have the same right to wed as straight couples.

The four cases decided Thursday were filed two years ago when the Massachusetts decision helped usher in a series of gay marriage controversies from Boston to San Francisco.

With little hope of getting a gay marriage bill signed into law in Albany, advocates from the ACLU, Lambda Legal and other advocacy groups marshaled forces for a court fight. Forty-four couples acted as plaintiffs in the suits, including the brother of comedian Rosie O'Donnell and his longtime partner.

Page:

1

2