• 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
  • Andy Cohen Thanks Former Governor Andrew Cuomo for Having Daughter Lucy be ‘One of the First’ Gestational Surrogacies in New York
  • Honor the past and celebrate the present with PRIDE | Opinion
  • Sex and the City author Candace Bushnell ‘did not get enough in royalties’

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;
  • Honor the past and celebrate the present with PRIDE | Opinion

    Honor the past and celebrate the present with PRIDE | Opinion

    Published by NJ.com Some 20,000 people turned out Sunday to see the floats, decorated vehicles and marching bands at New Jersey’s Asbury Park Pride celebration. The annual event, the largest and oldest of its kind in …Read More »
  • Sex and the City author Candace Bushnell ‘did not get enough in royalties’

    Sex and the City author Candace Bushnell ‘did not get enough in royalties’

    Published by BANG Showbiz English Candace Bushnell “did not get the royalties she deserved” for ‘Sex and the City’. The 64-year-old author wrote a column for The New York Observer that was adapted into the bestselling …Read More »
  • Tom Cruise ‘Would Love to Meet Someone Special’ After 3 Divorces: ‘He Believes the Right Girl Is Out There’

    Tom Cruise ‘Would Love to Meet Someone Special’ After 3 Divorces: ‘He Believes the Right Girl Is Out There’

    Published by OK Magazine mega Tom Cruise is back on the prowl! The three-time divorced movie star has reportedly been in search of a new woman after being single for about a year. mega “Tom would …Read More »
  • Scores detained in Hong Kong on Tiananmen crackdown anniversary

    Scores detained in Hong Kong on Tiananmen crackdown anniversary

    Published by Reuters By Jessie Pang and Ben Blanchard HONG KONG/TAIPEI (Reuters) -Hong Kong police searched and detained scores of people on Sunday, including four arrested for “seditious” intent, as authorities tightened security for the 34th …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

Adjacent News

  • Tennessee pride celebrations showcase queer joy amid neo-Nazi threats, legal attacks

    Tennessee pride celebrations showcase queer joy amid neo-Nazi threats, legal attacks

  • ‘It’s about self-care’: Lady Gaga thinks make-up can benefit mental health

    ‘It’s about self-care’: Lady Gaga thinks make-up can benefit mental health

  • Pregnant transgender man featured on cover of Glamour magazine

    Pregnant transgender man featured on cover of Glamour magazine

Good Trash: Going to Read It Somewhere, Y'know

  • Kelly Ripa Savagely Exposes Andy Cohen After He Sent Her a ‘Completely Erect’ NSFW Photo From Potential Suitor

    Kelly Ripa Savagely Exposes Andy Cohen After He Sent Her a ‘Completely Erect’ NSFW Photo From Potential Suitor

  • Elliot Page reveals he was told by A-list actor: ‘I’m going to f*** you to make you realise you aren’t gay’

    Elliot Page reveals he was told by A-list actor: ‘I’m going to f*** you to make you realise you aren’t gay’

  • Andy Cohen Admits Further Plastic Surgery Discussions Were Cut From ‘KUWTK’ Reunion Special: ‘People Would Be Really Surprised’

    Andy Cohen Admits Further Plastic Surgery Discussions Were Cut From ‘KUWTK’ Reunion Special: ‘People Would Be Really Surprised’

Partner Links

  • Prince Harry skipped the first day of the Mirror trial, he only flew in late last night
  • King Charles is giving up Llwynywermod, his 192-acre estate in Wales
  • Morning Round-Up: Elliot Page; Robert Garcia; David Burtka; Jake Shears; WeHo Pride; Julio Rodriguez & more!
  • We Have The Same Paws!
  • Putin Puppet Calls For 'Final Solution' In Ukraine

Most Recent

  • Andy Cohen Thanks Former Governor Andrew Cuomo for Having Daughter Lucy be ‘One of the First’ Gestational Surrogacies in New York

    Andy Cohen Thanks Former Governor Andrew Cuomo for Having Daughter Lucy be ‘One of the First’ Gestational Surrogacies in New York

  • Honor the past and celebrate the present with PRIDE | Opinion

    Honor the past and celebrate the present with PRIDE | Opinion

  • Sex and the City author Candace Bushnell ‘did not get enough in royalties’

    Sex and the City author Candace Bushnell ‘did not get enough in royalties’

  • Tom Cruise ‘Would Love to Meet Someone Special’ After 3 Divorces: ‘He Believes the Right Girl Is Out There’

    Tom Cruise ‘Would Love to Meet Someone Special’ After 3 Divorces: ‘He Believes the Right Girl Is Out There’

  • Scores detained in Hong Kong on Tiananmen crackdown anniversary

    Scores detained in Hong Kong on Tiananmen crackdown anniversary

  • Kim Cattrall’s ‘Stipulations’ for ‘And Just Like That’ Cameo Revealed: ‘Refused to Film With Her Former Costars’ Including Sarah Jessica Parker

    Kim Cattrall’s ‘Stipulations’ for ‘And Just Like That’ Cameo Revealed: ‘Refused to Film With Her Former Costars’ Including Sarah Jessica Parker

  • Thai PM frontrunner attends Pride parade, promising same-sex marriage, gender identity rights

    Thai PM frontrunner attends Pride parade, promising same-sex marriage, gender identity rights

  • Kim Cattrall has ‘moved on’ from Sex and the City

    Kim Cattrall has ‘moved on’ from Sex and the City

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

Footer

Copyright © 2023 · Log in

×