Judge Says Suit to Void Marriage Act May Proceed
FROM: NEW YORK TIMES
Harshly criticizing Gov. Andrew M. Cuomo for the tactics he used to win approval of same-sex marriage, a state judge has ruled that a lawsuit challenging the enactment of New York’s Marriage Equality Act can proceed.
Acting Justice Robert B. Wiggins of State Supreme Courtin Livingston County, in the Finger Lakes region, wrote that it was possible that the Republican majority in the State Senate had violated the state’s open meetings law as it discussed whether to bring the marriage bill to a vote.
His ruling offered a flash of hope for the conservative group that filed the lawsuit, New Yorkers for Constitutional Freedoms, which is asking the court to overturn the marriage law and nullify the weddings that have been performed under it.
The state attorney general, Eric T. Schneiderman, had sought the dismissal of the lawsuit. Justice Wiggins dismissed some elements of the case but said it could proceed on the open-meetings issue.
His ruling, which was dated Nov. 18, was critical of closed-door meetings and expedited voting procedures that preceded passage of the measure in the final moments of this year’s legislative session.
“It is ironic that much of the state’s brief passionately spews sanctimonious verbiage on the separation of powers in the governmental branches,” Justice Wiggins wrote, “and clear arm-twisting by the Executive on the Legis
lative permeates this entire process.”
In the ruling, which was four singled-spaced pages, Justice Wiggins focused on the legality of private meetings held by Senate Republicans befo
Image by Getty Imagesvia @daylifere the vote. Four Republicans ultimately voted for the bill, providing the critical votes for its passage.
The lawsuit alleged that several of the meetings — including one hosted by Mr. Cuomo at the Executive Mansion and another in which Mayor Michael R. Bloomberg addressed the Republicans in a closed-door session at the Capitol — should have been subject to the open meetings law, because they included not only the Republican caucus, but also elected officials who are not Republicans.
In a court filing, Mr. Schneiderman rejected that suggestion, saying
the sessions were exempt from the open meetings law because meetings of party caucuses can remain private, even if guests are invited to attend.
Justice Wiggins said that there were “not sufficient facts before the court to determine the matter,” and that the case would proceed.
Opponents of same-sex marriage were delighted with the ru
Image by Getty Imagesvia @daylifeling.
“We have said all along that we look forward to our day in court,” said the Rev. Jason J. McGuire, executive director of New Yorkers for Constitutional Freedoms. “Now we will have it. The legality of our legislative process must be protected.”
Same-sex marriage advocates said they remained confident that the Marriage Equality Act would be upheld.
“Some extremist groups are making a desperate attempt to stop the rocket ship of equality with a few feathers in the wind,” said Ross D. Levi, the executive director of the Empire State Pride Agenda. “But we are confident they will not succeed.”
A spokesman for Mr. Cuomo declined to comment, and a spokesman for Mr. Schneiderman said the attorney general’s office was reviewing the ruling. Mr. Schneiderman is also seeking the dismissal of a separate lawsuit filed by opponents of the marriage law in federal court.
Justice Wiggins was particularly critical of the governor’s use of a procedural maneuver that allowed legislators to vote on the Marriage Equality Act immediately after the bill was drafted, rather than waiting for three days, as is normally required
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