Perhaps they're learning, perhaps not. Read this excerpt from a recent NYCLU email alert:
Dear Christopher Leavitt, Today the New York Court of Appeals turned its back on same sex couples and their families by denying them the protections that come with legal marriage. But all is not lost. Now it's up to the state Legislature to right this wrong and pass a law that respects the same-sex couples' right to marry and protect their families.
If NY's liberal judiciary is rejecting gay marriage as judicial legislation, even the ACLU should get it by now. Somehow, I don't think they will. At least they're being forced to go through the proper channels to achieve their goal, in this case.
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PS: Think "civil unions," my gay freinds.