SYLVIA SAMUELS et al., Appellants,
v.
NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
February 16, 2006.
February 16, 2006.
Attorney(s) appearing for the Case
Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York City (Roberta A. Kaplan of counsel), for appellants.
Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Debevoise & Plimpton, L.L.P., New York City (Troy A. McKenzie of counsel), for Parents, Families & Friends of Lesbians and Gays, Inc. and others, amici curiae.
Jenner & Block, L.L.P., Washington, D.C. (William M. Hohengarten of counsel), for American Psychological Association and others, amici curiae.
Cravath, Swaine & Moore, L.L.P, New York City (Gary A. Bornstein of counsel), for Empire State Pride Agenda and others, amici curiae.
Willkie, Farr & Gallagher, L.L.P., New York City (Martin Klotz of counsel), for Women's Bar Association of the State of New York and others, amici curiae.
Suzanne B. Goldberg, New York City, for Professors of History and Family Law, amici curiae.
Fried, Frank, Harris, Shriver & Jacobson, L.L.P., New York City (Bonnie Steingart of counsel), for Academy of Jewish Religion and others, amici curiae.
Jay Weiser, New York City, for Association of the Bar of the City of New York and others, amici curiae.
Norman L. Reimer, New York City, for New York County Lawyers' Association and another, amici curiae.
Simpson, Thacher & Bartlett, L.L.P., New York City (Joseph F. Tringali of counsel), for Asian American Legal Defense and Education Fund and others, amici curiae.
Robert E. Genant, Mexico, for New York Family Policy Council, amicus curiae.
Richard E. Barnes, Albany (Paul Benjamin Linton, Northbrook, Illinois, of counsel), for New York State Catholic Conference, amicus curiae.
Rena M. Lindevaldsen, Longwood, Florida, for City Action Coalition and others, amici curiae.
Byron Babione, Scottsdale, Arizona, for Family Research Counsel, amicus curiae.
James J. Duane, Virginia Beach, Virginia, for National Legal Foundation, amicus curiae.
William C. Duncan, Marriage Law Foundation, Provo, Utah, for United Families International, amicus curiae.
CARDONA, P.J., MERCURE, CARPINELLO and MUGGLIN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
OPINION OF THE COURT
LAHTINEN, J.
Plaintiffs contend that the NY Constitution requires defendant State of New York to permit same-sex couples to marry.1 Briefly stated, plaintiffs are same-sex couples,2 some of whom assert that they requested a marriage license from a town clerk (see Domestic Relations Law § 15) and were informed that such...
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