New York Lawyers for same-sex couples yesterday asked a New York appeals court to overturn a state law that denies them the right to marry.
Alleging that the court discriminates against gays and lesbians, Manhattan attorney Roberta Kaplan apprised judges of the New York Supreme Court's Appellate Division that the law excludes homosexuals from obtaining a marriage license and securing the financial benefits of married couples.
"We believe it is a fundamental right whom you to choose to marry," said Kaplan, who argued the case as a cooperating attorney with the American Civil Liberties Union.
Assistant Attorney General Peter Schiff countered that State law established marriage as a fundamental right between a husband and wife and never applied to same-sex couples.
"It's up to the legislature to determine whether marriage should be extended to same-sex marriage," Schiff said.
The case came before an appeals court because it was thrown out in December by a lower court, which ruled that the state's domestic relations law was constitutional in only allowing marriage between a man and a woman.
Massachusetts is the only state to recognize same-sex marriage.
Connecticut and Vermont accept same-sex civil unions and four other states, including California, offer gay couples some legal rights as partners.
"Because we can't get married in New York State, we face a future that is really kind of shaky," said Regina Cicchetti, alongside her partner, Susan Zimmer.
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