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Lawyers for the state conceded this week that New York has no compelling interest in preventing same-sex marriages, relying instead on a rational basis claim in attempting to preserve its historic ban on gay nuptials. On Monday the Appellate Division, 3rd Department heard three cases challenging New York's refusal to recognize same-sex marriages. In each, the trial court held for the state while the same-sex couples, about 76 people in all, insisted the ban cannot withstand state constitutional scrutiny.
October 19, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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