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July 06, 2006

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.