Another gay marriage question may go to court

ALBANY, N.Y. -- With municipal clerks in neighboring Massachusetts set to start issuing same-sex marriage license applications Monday, the status of any New York couples who cross the state line to wed appears likely to be decided in the courts.

In a letter to Massachusetts Gov. Mitt Romney this week, New York Attorney General Eliot Spitzer said his office does not provide legal opinions to other states. However, he enclosed a copy of the 28-page opinion he issued in early March that says while New York law doesn't authorize same-sex marriages, it generally recognizes valid out-of-state marriages.

On Monday, city and town clerks in Massachusetts will be allowed to begin accepting "Notice of Intention of Marriage" forms from gay couples. Those eligible include state residents and those who have an immediate intention to live in Massachusetts.

Romney has battled to prevent gays from marrying since his state's highest court ruled in November that same-sex couples had a constitutional right to wed.