ALBANY, N.Y. (AP) – New York’s recent policy change granting health benefits to spouses of gay and lesbian state workers was challenged Oct. 15 in a midlevel appeals court, where opponents said it was a fundamental change in social policy that only lawmakers can enact.

“That may change in New York, but it has to be left to the democratic process,” said Brian Raum, a lawyer representing four upstate taxpayers. He said the governor lacks the authority to apply measures “completely at odds” with existing law and public policy.

The policy change initiated in May 2007 under then-Gov. Eliot Spitzer affects spouses of state and municipal workers married in Canada, Massachusetts, California and other places where same-sex ceremonies are legal.

Raum, also senior counsel for the Christian-based Alliance Defense Fund, argued before five justices of the Appellate Division that the state Department of Civil Service, on behalf of the governor, was wrong to enact the policy. By law, the only marriages that can be performed legally in the state are between a man and a woman, he said.

“To change the fundamental components of marriage would be at odds with the policy of the state of New York,” Raum said. He argued the state Constitution does not give the governor that power.

Justices asked whether the issue here wasn’t “comity,” the doctrine of recognizing legal actions from other jurisdictions that recognize legal actions from New York.

Raum replied there are exceptions, like actions that would be “abhorrent,” or “strongly opposed” to existing policy in New York, and this is one of those.

Assistant Solicitor General Sasha Samberg-Champion said lawmakers have considered and didn’t adopt legislation to reverse the policy. He acknowledged same-sex weddings cannot be legally performed in New York, though the state does permit same-sex couples to adopt.

Susan Sommer, representing two lesbians who work for the state, said the term “absolutely abhorrent” has only been applied to out-of-state marriages involving polygamy or incest among close blood relatives.

“Their relationship is far from abhorrent to New York public policy,” Sommer said.

The couple, from Stone Ridge, received benefits under the policy change that they said made it easier to take care of their adopted daughter. They said after the hearing that it was a civil rights case.

Peri Rainbow, who works for the State University at New Paltz, and partner Tamela Sloan said they were married in a religious ceremony in 2001 and then legally in Canada in 2005. Their daughter, a special needs child adopted at age 6, is now 13, getting A’s in school and is soon to have her bat mitzvah.

“We’re very traditional and moral people. We’re very religious,” Rainbow said. “We want to protect our family.”

Sommer, also senior counsel for the gay-rights organization Lambda Legal, estimated there are thousands of same-sex New York couples legally married elsewhere, and probably hundreds who are state and municipal workers covered by the Department of Civil Service policy.

Raum said his clients, Kenneth and Denise Lewis and Robert and Elaine Houck, were taxpayers but not state workers.