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Judge Reverses Same Sex Marriage Ruling

Thursday, December 08, 2005

A New York appellate court has reversed the ruling that would have forced New York City to marry same sex couples. WNYC's Dan Blumberg has more.

State Supreme Court Justice Doris Long-Cohan ruled several months back that New York's marriage law was unconstitutional because it did not recognize the quote "fundamental right" of same sex couples to marry. Today the state's mid-levels appeals court threw out that ruling by a 4-1 margin.

The court found that Ling-Cohan had erred in deeming the law unconstitutional, and the majority wrote that it was troubled that after finding the law unconstitutional, Ling Cohan proceeded to rewrite it and "create a new constitutional right."

The court ruled that it's up to the state legislature to regulate marriages, not the judiciary. An attorney for LAMBDA legal called the ruling diappointing and vowed to appeal. This case and other similar ones will likely be taken up by the state's highest court.

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