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The court found that it was unconstitutional to deny marriage rights to gay and lesbian couples and that civil unions, which are available in the state, were an unequal institution. "We conclude that, in light of the history of pernicious discrimination faced by gay men and lesbians, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody, the segregation of heterosexual and homosexual couples into separate institutions constitutes a cognizable harm," Justice Richard N. Palmer wrote for the majority.
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