Thirteen gay and lesbian couples are suing New York state for the right to get married.

The American Civil Liberties Union and its New York chapter have filed the suit on their behalf in the state Supreme Court.

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The lawsuit (Read it here [.pdf format]) claims the way the New York health department defines marriage -- as between a man and a woman -- violates the state constitution, since it goes against equal protection, privacy and due process protections.

Among the plaintiffs are State Assemblyman Daniel O'Donnell and his gay partner of 23 years.

O'Donnell's sister, comedian Rosie O'Donnell, married her lesbian partner in San Francisco in February after Mayor Gavin Newsom decided to allow homosexual couples to get licenses possibly in violation of California state law.

Many of the couples say they want the mayor of New Paltz, N.Y., to marry them. Mayor Jason West faces misdemeanor charges for holding 25 gay weddings.

The San Francisco action and New Paltz actions -- as well as a ruling by Massachusetts' -- brought the debate over same-sex marriage to the front of public discussion, and led President George W. Bush to call for an amendment to the U.S. Constitution defining the institution.