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NY High Court Ends Same-Sex Marriage Fight
In July, New York's highest court, the Court of Appeals, ruled that same-sex couples have no right to marry under the New York state constitution. The 4-2 decision, which upheld four Appellate Division decisions that had declined to extend the right to marry to same-sex couples, marks the end of the judicial battle in New York over same-sex marriage. Because the appellants raised no federal issues, they cannot appeal to the U.S. Supreme Court.
The Majority
The majority opinion centered on whether a rational basis existed for the Legislature's decision to limit marriage to opposite-sex couples when it enacted the Domestic Relations Law in 1909, and whether same-sex marriage ' as opposed to simply marriage itself ' constitutes a fundamental right. The decision combined four cases: Hernandez v. Robles, 86, Samuels v. NYS Dept. of Health, 87, Kane v. Marsolais, 88, and Seymour v. Holcomb, 89. It concluded that there were:
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