The New York Court of Appeals (New York’s highest court) ruled 4 to 2 against more than 40 same-sex couples seeking the right to marry in a July 6 ruling. Judge Robert S. Smith wrote the majority opinion, which stated that the court found no basic constitutional right to same-sex marriage. He did open up the possibility that a change in the state’s marital law could be initiated by the legislative branch, but then proceeded to give numerous reasons why that would be ill-advised. Among other points, Smith argued that that limiting of marriage to heterosexuals was not solely based on prejudice, since childbirth is a natural consequence only of heterosexual marriage.
The majority opinion offered these summary remarks:
The idea that same-sex marriage is even possible is a relatively new one. Until a few decades ago, it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted. We do not so conclude.
See Dr. Albert Mohler’s blog post for further analysis and other exceptional quotes from the majority opinion.
For a comparison to a similar recent ruling by Georgia’s Supreme Court, see here.