Yeah, you're right, it's a case you could argue against in court. It's not exactly open-and-shut though. The State can claim that the law protects accidental conception between partners - end of story. I mean, maybe I'm misunderstanding the NY case. Like I said, I'm not a lawyer. I'm not even a rank amateur. I'm just a guy that believes integrity means trying very hard to see how you might be wrong, and as much as I'd like for the Constitution to protect gay marriage, I think that might be wrong.