NY SSM CASE IN COURT THIS MONTH: From the Ithaca Journal

The "Ithaca 50" will finally have their day in court later this month, though few expect it will be the last word in their battle for the legalization of gay marriage in New York.

"We know that, ultimately, it's going to take a ruling by the highest courts to make the decision," Jason Hungerford said.

Hungerford and partner Jason Seymour are among 50 people -- 25 couples -- who are suing the state Department of Health and the City of Ithaca for denying them marriage licenses last year.

Filed last June, their case will be heard by state Supreme Court Justice Robert C. Mulvey on Jan. 14 in Elmira.

That legal case essentially hinges on two arguments: that denying same-sex couples the right to marry violates their right to due process under the state constitution, and that such denials create gender and sexual orientation distinctions that violate the state's own equal protection provisions.

As Hungerford noted, the plaintiffs and their attorneys fully expect that, regardless of who prevails in Elmira, appeals will follow.

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posted by Eve at 6:50 PM VOTE

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