NY Court of Appeals slams the door on challenge to same-sex 'marriage' law
NEW YORK, October 24, 2012, (LifeSiteNews.com) – Same-sex “marriage” is here to stay, at least according to the New York State Court of Appeals. On Tuesday the appellate court refused to hear a case challenging the state’s gay marriage law.
The court gave no explanation for its decision.
The suit, filed by New Yorkers for Constitutional Freedom, argued the State Senate ran afoul of state law in their push to approve same-sex “marriage,” holding closed-door meetings in violation of New York’s “open meetings” statute.
The court’s rejection of the case prompted Governor Andrew Cuomo to release a statement saying, “With the Court’s decision, same-sex couples no longer have to worry that their right to marry could be legally challenged in this state. The freedom to marry in this 9tate is secure for generations to come.”
Thousands of homosexual couples have taken advantage of the state’s same-sex “marriage” law since it was passed in July 2011.
“Obviously we’re disappointed in the Court of Appeals decision, but I wouldn’t say surprised,” said Rev. Jason McGuire, executive director of the group that filed the lawsuit.
“It’s a pretty liberal-leaning court,” McGuire added. “Every time the people had the chance to vote on the issue of marriage, they view it one way, but when it comes before rogue legislatures or the courts, they view it differently.”
While McGuire told the Associated Press that this marks the end of his group’s lawsuit, he said he was optimistic that it is not the final word on the same-sex “marriage” controversy in New York.
“First, there’s an election in two weeks,” he said, “continuing the opportunity for the people of New York to vote on this issue.” He highlighted the case of Sen. Roy McDonald, one of four Republican state senators to vote for the bill, who lost to a primary challenger in September. His loss was widely attributed to his vote for gay marriage.
Rev. McGuire also believes lawsuits against business owners who may refuse to participate in same-sex weddings, even for pay, will change the public perception of gay nuptials. “We’re going to see these cases cropping up. That is the next front,” he said.
New Yorkers for Constitutional Freedom is defending Robert and Cynthia Gifford, owners of Liberty Ridge Farm in Albany, who are being sued by two women who wanted to host their same-sex wedding at the farm next summer.
Because homosexuality goes against the Giffords’ religious beliefs, and they still have young children at home, they declined to host the ceremony for the two women. Now they may be forced by court order to accommodate homosexual weddings and pay damages to the two women, Melisa Erwin and Jennie McCarthy, who say they don’t even want to get married at the Giffords’ farm; they just want to force the Giffords to change their ways.
“We just want to know that the policy is being changed to fit the laws so this doesn’t happen to anyone else,” McCarthy told the Seattle Times.
The lawsuit appears to be the first of its kind involving a wedding venue since same-sex “marriage” was approved in 2011. If successful, it could set the precedent for future cases, forcing all business owners, regardless of religious beliefs, to accommodate same-sex weddings.
