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Gay Marriage in New York

The New York State Court of Appeals (the state's highest court, confusingly enough) has ruled 4-2 this morning that the state's ban on gay marriage is constitutional.

This should be a relief to proponents of same-sex marriage, at least if they've absorbed the lesson of just how destructive the Massachusetts decision ended up being to their cause.

In a decision penned by Judge Robert S. Smith, the court properly deferred to the Legislature: "We emphasize once again that we are deciding only this constitutional question," Judge Smith wrote. "It is not for us to say whether same-sex marriage is right or wrong."


Democrats might also be relieved that the court refrained from handing Karl Rove the key to the 2006 election.

(The text of the ruling can be found here. [PDF])