In rejecting the Alliance Defense Fund’s argument that same-sex marriage was the same thing as incest and polygamy, New York State’s Court of Appeals all but declared gays are entitled to marriage rights. But they didn’t go that far!
The 4-3 decision negated ADF’s claim that government benefits provided to legally married gay couples — from other states, since NY doesn’t allow it yet — somehow violated some made up law in their heads. (Technically, the law pertained to New York’s “exceptions” clause, which allows the state to deny benefits to marriages performed elsewhere but considered invalid in the state, such as incestuous marriages.) But the justices, who sit on the state’s highest bench, ruled only on the very specific issue of government benefits, not marriage itself. AP: “The defendants had argued that a state rule recognizing common law marriages meant that same-sex unions performed elsewhere should be recognized in New York. The court said in its decision that it didn’t have to consider that argument because of the narrowness of the case, pertaining only to certain benefits, but said it hoped the Legislature would address the question.”
Haha. Us too!