New York's highest court today turned back an attempt by gay and lesbian couples to win equal treatment under New York State's marriage law, saying that the state constitution "does not compel recognition of marriages between members of the same sex."And when the legislature refuses to address it, or—as in Georgia (h/t Tom), along with many other states—actively prevents same-sex marriage, then the LGBT community is left with no legal venue whatsoever through which to pursue equality. Isn’t that swell.
…But it left open the possibility that the state Legislature could decide to allow same-sex marriages.
"We hold that the New York Constitution does not compel recognition of marriages between members of the same sex," Judge Robert S. Smith wrote in the majority decision. "Whether such marriages should be recognized is a question to be addressed by the Legislature."
NY Courts Reject Marriage Challenge
*PUNT* … Back to you, legislature:
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