• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Royals
  • Monkeypox
  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

Judge Rules Lawsuit Challenging New York Marriage Equality Law Can Proceed

Andy Towle November 29, 2011

New York Supreme Court Judge Robert Wiggins has ruled that a lawsuit brought by New Yorkers for Constitutional Freedom challenging the state's marriage equality law can proceed.

McguireThe NY Daily News wrote, of the lawsuit, in July:

The group, led by the Rev. Jason J. McGuire (pictured), claims that the state Senate, in adopting the legislation, violated the state's Open Meetings Law by closing off the Senate galleries and lobby; and by holding closed door meetings with Mayor Bloomberg and others who backed the law.

The group also claims, among other things, that Gov. Cuomo and the Senate ignored the constitutionally mandated three-day waiting period before a bill can be acted upon and that lawmakers approved the legislation in exchange for campaign contributions from Bloomberg and other high profile "Wall Street financiers."

Attorney General Eric Schneiderman asked Wiggins to dismiss the case in September. The AP:

Attorney General Eric Schneiderman argued in papers filed Friday that the opponents have not been harmed by the law, don't have standing to challenge the actions of the Senate and any procedural actions of the Senate and governor aren't subject to judicial review.

Capitol Confidential reports on Wiggins ruling:

The four-page decision includes some tough language for the way things get done at the Capitol, including what the judge labels as “disingenuous” justifications from Gov. Andrew Cuomo for issuing a message of necessity that rushed the legislation onto the Senate floor on the final evening of session. In the case of same-sex marriage, the message stated that speed was required as long as 50,000 New Yorkers were being denied their right to marry — a set of circumstances that had pertained for the previous 200-odd years without prompting emergency action.

However, Wiggins "concludes the decision by shooting down all of the lawsuit's complaints" and letting the Attorney General off the hook as a defendant: "Wiggins notes that since the court must assume the underlying facts in the suit's case to be true, the matter is therefore 'a justiciable issue' to be determined in court."

Wiggins also notes in his ruling that the measure is not one in which the Court should be involved:

 this Court is reluctantly obliged to rule that that the message of necessity submitted by the Governor was accepted by vote of the Senate, and is NOT within this Court's province to nullify.”

More from Capital Tonight HERE.

More from the NY Daily News HERE.

Full ruling, AFTER THE JUMP…

tn

Topics: News More Posts About: Eric Schneiderman, Eric Schneiderman, gay marriage, New York, New York, News

Related Posts
  • New York begins offering gender neutral driver’s licenses
  • Former Roommate Indicted For Murder Of Florida LGBTQ Activist Jorge Diaz-Johnston, One of the Public Faces In State Fight For Marriage Equality
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Published by BANG Showbiz English Mel B will “always be open” when it comes to her sexuality. The Spice Girls singer, 48, who reunited with her bandmates including the group's ex-singer Victoria Beckham for the fashion …Read More »
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Published by BANG Showbiz English Megan Thee Stallion is being sued for allegedly creating a hostile work environment and forcing her cameraman to watch her having lesbian sex. The 29-year-old ‘Savage' rapper faces the salacious claims …Read More »
  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Published by BANG Showbiz English Jonathan Bennett's life was “changed forever” by his role in ‘Mean Girls'. The 42-year-old actor starred as heartthrob Aaron Samuels in the 2004 cult classic – which followed Lindsay Lohan, Rachel …Read More »
  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Published by BANG Showbiz English Sir Elton John sent Lance Bass a gift basket after he came out as gay. The 44-year-old NSYNC star revealed the legendary singer showed his support when Lance decided to reveal …Read More »
Previous Post: « Herman Cain to Drop Out of Presidential Race?
Next Post: Jetpak Dude Flies in Tandem with Military Jets: VIDEO »

Primary Sidebar

Most Recent

  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

    Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

  • Relationship status influences heterosexual women’s sexual prejudice towards lesbians

    Relationship status influences heterosexual women’s sexual prejudice towards lesbians

  • JoJo Siwa had a challenge transitioning to new grown-up image

    JoJo Siwa had a challenge transitioning to new grown-up image

  • Liz Hurley defends lesbian sex scene in new movie that was directed by her son

    Liz Hurley defends lesbian sex scene in new movie that was directed by her son

Partner Links

  • Immorality And More
    Open thread below... read more
  • Randy Rainbow visits with Kelly Clarkson
    “She wanted to raise the gayest kid on Long Island!” Comedian […]
  • Song of the Day: 'Only Love Can Break Your Heart' by Saint Etienne
    Today marks exactly 35 years since the release of Saint Etienne's […]
  • Baldwin Isn't Fire, But She'll Keep A Simmering Heat On RFK Jr.
    Earlier this month, Wisconsin Sen. Tammy Baldwin confronted RFK, Jr, about […]
  • Remains of the Day (05/28)
    Out: Benito Skinner teases "Overcompensating" season 2 storylinesCBS News: Infant fatally […]

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy
[towleroadmr] [towleroadtn]

Footer

Ptown Hacks 2018

Read

  • Travel
  • Film
  • Law – LGBT Rights
  • Columns
  • Specials

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2025 · Log in

×
×