IF YOU CAN’T MAKE IT THERE, CAN YOU MAKE IT ANYWHERE? Er, besides Massachussetts, maybe. The New York Court of Appeals, New York’s highest court, has declined to find a right to gay marriage. The opinion is here.
Anklebiting Pundits has a roundup. The Georgia Supreme Court (which, it should be noted, overturned Georgia’s sodomy law on state constitutional grounds before Lawrence v. Texas was decided) has also issued a similar ruling today according to Howard Bashman.
As I’ve said before, gay marriage is more likely to come about through the action of time and politics than through judicial end-runs. As with Bowers v. Hardwick — and for that matter, Kelo — this should be a spur to political action. I hope that New York, and other states, will recognize gay marriage legislatively.
UPDATE: Here’s more on the Georgia opinion.