NY State Attorney General Eliot Spitzer says that as the law stands now, gay marriage is illegal. He said, "New York State statutes, do not permit same-sex marriages," because the wording is "husband and wife" on licenses. He is deferring to the courts to decide whether or not gay marriage is constitutional, and said in a press conference, Im obviously not going to begin to reach that ultimate legal conclusion, which is going to be the matter of litigation in the pending criminal cases, and it would not be appropriate for me to reach that conclusion. It would be unfair to the district attorney, and it would be unfair to the mayor. In other words, "I'm passing the buck at this time, because that's what the law lets me do, even though I think the law is old and should be changed to include gay marriage." The interesting thing is that the state will recognize same-sex marriages from other states.
Spitzer has become the center of a national attention because of his outspoken pro-gay marriage stance, New York State law aside. Read the Attorney General's his opinion here, which says that mayors who are solemnizing same-sex marriages are breaking the law [California's Attorney General Bill Lockyer has not been asked to give an opinion yet]. New Paltz Mayor Jason West is still marrying gay couples, even though he has been charged with a misdemeanor for breaking the law. And how can you not love Gay Porn Blog's "Which gay marriage city mayor is cuter, SF's Gavin Newsome or New Paltz's Jason West?" survey. [Via Gawker]