NY judge rules gay couples denied marriage licenses have no right to wed

http://sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/12/07/national2132EST0807.DTL

ALBANY, N.Y. (AP) -- Thirteen same-sex couples who were denied marriage licenses, including the brother of comedian Rosie O'Donnell and his longtime partner, do not have a fundamental right to wed, a judge ruled Tuesday.

The couples' lawsuit had charged that state health regulations defining marriage as being only between a man and a woman violate the state Constitution's equal protection, privacy and due process provisions. The health department and state Attorney General Eliot Spitzer have said New York prohibits clerks from issuing licenses to same sex couples.

Judge Joseph Teresi dismissed the couples' arguments. Plaintiffs include state Assembly member Daniel O'Donnell and his partner of 23 years, John Banta.

"There is a legitimate state interest in granting marriage licenses only to opposite sex couples," Teresi wrote.

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that legitimate state's interest in granting marriages only to opposite sex couples. Does it follow that states have a legitimate interest in granting marriage licences to people who are "worthy"? Of same racial background? Who have not previously been married and divorced?

Is the state not served best by promoting monogamy and legally binding financial cooperation between partners? how is gender a specifically compelling interest for the state?