"We haven't given up," she said. "We're in this for the long haul. If we can't get it done for us, we'll get it done for the people behind us."

In 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."

Judge Albert Rosenblatt, whose daughter has advocated for same-sex couples in California, did not take part in the decision.

Since the Massachusetts ruling, about a dozen states have approved constitutional bans on same-sex marriage, and 19 now outlaw it. There is now a push in Massachusetts for a state constitutional amendment to ban gay marriage.

A federal lawsuit filed over California's refusal to grant a marriage license to a gay couple reached the 9th U.S. Circuit Court of Appeals in May. The court, however, sidestepped the question of whether it was unconstitutional to deny gays and lesbians the right to marry, leaving the issue to state courts to decide.