Mar. 2, 2005 – A New York State Supreme Court judge has ruled against 25 same-sex couples who sued for the right to marry, stating that it is up to lawmakers to award marriage benefits to all couples.
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In his ruling, Justice Robert C. Mulvey wrote that limiting marriage licenses to same-sex couples was not a violation of their constitutional rights.
"Men and women enjoy equal rights to obtain a license to marry a person of the opposite sex," Mulvey stated. He added that each sex "is equally prohibited from precisely the same conduct, i.e., marriage to a person of the same sex."
Lawyers for the so-called "Ithaca 50" have said they will appeal the decision. The City of Ithaca, which supports same-sex marriage and had filed a cross-claim against the state, will also appeal. The cases will next go to the state’s Third Judicial Department.
Five similar same-sex marriage lawsuits have been filed in New York over the last year. In one of those cases, a Manhattan judged ruled that a ban against same-sex marriage was unconstitutional. However, the other rulings upheld the status quo.
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The appeals will ultimately end up in the State’s highest court, the Court of Appeals, where the fate of same-sex marriage in New York could finally be decided. The court could consolidate the numerous pending appeals and issue one ruling.
