Their courts respect their legislators:
ALBANY, N.Y. — New York's highest court ruled Thursday that gay marriage is not allowed under state law, rejecting arguments by same-sex couples who said the law violated their constitutional rights. The Court of Appeals, in a 4-2 decision, said New York's marriage law is constitutional and clearly limits marriage to between a man and a woman.
Any change in the law would have to come from the state legislature, Judge Robert Smith said. "We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives," Smith wrote.
Gov. George Pataki's health department and state Attorney General Eliot Spitzer's office had argued that New York law prohibited issuing licences to same-sex couples. The state had prevailed in lower appeals courts.
From The Star