New York marriage decision

Readers might be interested in this post by Professor Althouse, commenting on a recent decision (Hernandez v. Robles) by a New York intermediate appellate court, reversing a trial court's decision that "would have authorized gay marriage in New York City."  (Here is NYT coverage).  Althouse writes:

Here's a key passage, showing the kind of deference to the legislature -- rather than enthusiasm for heterosexual marriage -- that pervades the opinion:

The role of the courts is "to recognize rights that are supported by the Constitution and history, but the power to create novel rights is reserved for the people through the democratic and legislative processes." Deprivation of legislative authority, by judicial fiat, to make important, controversial policy decisions prolongs divisiveness and defers settlement of the issue; it is a miscarriage of the political process involved in considering such a policy change....

Interestingly, the court at this point cites an article written by Ruth Bader Ginsburg, "Speaking in a Judicial Voice," which it characterizes as "urging a measured approach in judicial decisionmaking and citing in contrast the Supreme Court's Roe v Wade decision, which prematurely ended the political process for legislative change on the abortion issue and resulted in protracted controversy."