NEW YORK (AP) – A judge declared Friday that a law banning same-sex marriage violates the state constitution, a first-of-its-kind ruling in New York that would clear the way for gay couples to wed if it survives on appeal.

Gay rights activists hailed the ruling as a historic victory that “delivers the state Constitution’s promise of equality to all New Yorkers.”

“The court recognized that unless gay people can marry, they are not being treated equally under the law,” said Susan Sommer, a Lambda Legal Defense Fund lawyer who presented the case for five couples who brought the lawsuit. “Same-sex couples need the protections and security marriage provides, and this ruling says they’re entitled to get them the same way straight couples do.”

State Supreme Court Justice Doris Ling-Cohan ruled that the New York City clerk could not deny a license to any couple solely on the ground that the two are of the same sex.

The city Law Department issued a statement saying only, “We are reviewing the decision thoroughly and considering our options.”

Mary Jo Kennedy and Jo-Ann Shain, one of the couples in the case, said they were thrilled by the ruling and believed it would offer their family increased legal protection. They have been together 23 years and have a 15-year-old daughter.

“We’re just overjoyed,” said Shain. “We didn’t think it would ever happen.

Kennedy said she wants to marry Shain as soon as possible. “I can’t wait,” she said. “We went to buy a (marriage) license in March 2004 and couldn’t get it. That’s what started this whole thing.”

The judge noted that one plaintiff, Curtis Woolbright, is the son of an interracial couple who moved to California in 1966 to marry. She said California then was the only state whose courts had ruled that interracial marriage prohibitions were unconstitutional.

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