New York Judges Reject Any Right to Gay Marriage

The majority decision, written by Judge Robert S. Smith, found that limiting marriage to couples of the opposite sexes was based on legitimate societal goals, primarily the protection and welfare of children. It could well be argued, he said, that children are better off raised by a biological mother and father, rather than by a gay or lesbian couple.

«Plaintiffs have not persuaded us that this long-accepted restriction is a wholly irrational one, based solely on ignorance and prejudice against homosexuals,» Judge Smith wrote in his 17-page opinion.