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Julie Holcomb, as City Clerk of the City of Ithaca, et
al., Respondents
Court of Appeals of New York
July 6, 2006.
2/ Plaintiffs assume that they have the right to marry the person of their choice, and this right is a fundamental right. So, they argue that by limiting marriage to opposite-sex couples, the New York Domestic Relations Law violates the Due Process Clause of the State Constitution. Another argument raised by plaintiffs is that the distinction made by the Domestic Relations Law between opposite-sex and same-sex couples deprives plaintiffs of the equal protection of the laws. Plaintiffs imply that the legislation discriminates against them on the basis of sex and on the basis of sexual preference which trigger heightened scrutiny...
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