Follow breaking news @lgbtqnation
New York

N.Y. high court declines to hear appeal challenging same-sex marriage law

Tuesday, October 23, 2012

ALBANY, N.Y. — The New York state Court of Appeals, the state’s highest court, on Tuesday declined to hear an appeal by the conservative group New Yorkers for Constitutional Freedoms, who were seeking to have New York’s same-sex marriage law overturned.

The conservative group had sued the state’s Senate over the law, alleging that Republican lawmakers violated New York’s open meetings law when they gathered in a private, closed door session last year to discuss the measure with New York City Mayor Michael Bloomberg.

A state Supreme Court judge had ruled that New Yorkers for Constitutional Freedoms suit could move forward, however, an appellate court earlier this year ruled unanimously that the Senate lawmakers had adhered to the open meetings Law. (The law has an exemption for closed-door meetings among political conferences.)

New York statutes specify that plaintiff(s) must ask permission to launch further appeal to the highest court if the Appellate ruling isn’t split.

New York Governor Andrew Cuomo (D), who led efforts to ensure passage of the same-sex measure last year in the legislature with bi-partisan agreement between lawmakers, said Tuesday:

“Today, the New York State Court of Appeals, the highest court in the State, denied leave to appeal the validity of the Marriage Equality Act, which affords same-sex couples in this State the right to marry.

“New York State has served as a beacon for progressive ideals and this statute is a clear reminder of what this State stands for: equality and justice for all. 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 State is secure for generations to come.”

Jason McGuire, executive director of New Yorkers for Constitutional Freedoms, said he was “disappointed” by the court’s decision.

“Essentially we now have a court that says that they are going to not serve their proper role of a check and balance on a Legislature that has gone rogue. That’s a concern,” said McGuire.

Legal analysts in New York’s capital city think that the court’s refusal to hear the appeal will most likely be the end of the suit.

McGuire pointed out that although his group’s suit sought to overturn the the same-sex marriage law on procedural grounds rather than constitutional grounds, he left open for the possibility for lawsuits challenging the same-sex marriage law on constitutional grounds “will begin to crop up.”

Share this article with your friends and followers:

Archives: , ,

Filed under: New York

26 more reader comments:

  1. This a good thing?

    Posted on Tuesday, October 23, 2012 at 4:53pm
  2. Yes!

    Posted on Tuesday, October 23, 2012 at 4:54pm
  3. Yes!

    Posted on Tuesday, October 23, 2012 at 4:54pm
  4. i’m still hoping 4 SCOTUS to do likewise w prop 8. after the election, i suppose…..

    Posted on Tuesday, October 23, 2012 at 4:55pm
  5. Someone was trying to appeal the states same-sex marriage laws and the court basically didn’t even acknowledge it!

    Posted on Tuesday, October 23, 2012 at 4:55pm
  6. It should be a good thing since the homophobes lost their chance to try and repeal NY’s Marriage Equality law.

    Posted on Tuesday, October 23, 2012 at 4:55pm
  7. yes a very good thing .. they are denying them to chance to change the decision

    Posted on Tuesday, October 23, 2012 at 4:55pm
  8. Christians and conservatives need to stop telling people what they can do with their lives or be shipped out

    Posted on Tuesday, October 23, 2012 at 4:58pm
  9. Wow… how do they call themselves “New Yorkers for Constitutional Freedoms” when they seek to block said freedoms from other Americans??

    Posted on Tuesday, October 23, 2012 at 5:00pm
  10. This is great news! Those religious extremists are determined to reverse that law, I’m glad the Court denied to even hear their hateful crap! Now if only Marriage Equality was legal in all 50 states!

    Posted on Tuesday, October 23, 2012 at 5:02pm
  11. Please before I die – unfair the delay re Prop 8 and SCOTUS :-(

    Posted on Tuesday, October 23, 2012 at 5:03pm
  12. Yes it’s a good thing but Jason McGuire, executive director of New Yorkers for Constitutional Freedoms, “pointed out that although his group’s suit sought to overturn the the same-sex marriage law on procedural grounds rather than constitutional grounds, he left open for the possibility for lawsuits challenging the same-sex marriage law on constitutional grounds”.

    It lost on the constitutional grounds out here in California.

    NY law analysts believe this is the end, but this dude isn’t gonna give up. He is just a little boy that wants his candy and everyone elses too.

    There are so MANY more important things to be fighting over, I really have no patience for closed minded people like this one.

    Posted on Tuesday, October 23, 2012 at 5:04pm
  13. Don’t legalize their bigotry…DO NOT….

    Posted on Tuesday, October 23, 2012 at 5:08pm
  14. The SCOTUS will not take up prop 8, due to the wording in the ruling, but will open the door for CA only.

    Posted on Tuesday, October 23, 2012 at 5:08pm
  15. How about instead of spending so much time and energy on overturning a law that has zero effect on your life but doing so would cause pain and distress to millions of families, you go do something else??!! Maybe go to the park, read a book, go to church, or SOMETHING!

    Posted on Tuesday, October 23, 2012 at 5:12pm
  16. Love it…anything to make GOP and bible thumpers cry!!

    Posted on Tuesday, October 23, 2012 at 5:15pm
  17. Kyle, because their playbook is George Orwell’s 1984.

    Posted on Tuesday, October 23, 2012 at 5:22pm
  18. Agree!!

    Posted on Tuesday, October 23, 2012 at 5:42pm
  19. “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.” … TAKE THAT, HATERS!

    Posted on Tuesday, October 23, 2012 at 5:45pm
  20. Victory shall be ours

    Posted on Tuesday, October 23, 2012 at 6:29pm
  21. Excellent judicial scrutiny!

    Posted on Tuesday, October 23, 2012 at 8:41pm
  22. although they should hear the appeal, just to show fair approachability in front of the law, but I agree with them, it would be a waste of time

    Posted on Tuesday, October 23, 2012 at 9:19pm
  23. Real love is just that real love!

    Posted on Tuesday, October 23, 2012 at 9:20pm
  24. See my new page- What if President Obama Loses?

    Posted on Wednesday, October 24, 2012 at 3:39am
  25. Jeff do you have a link for your page?

    Posted on Wednesday, October 24, 2012 at 7:54am
  26. Jesus loves LGBTQ

    Posted on Wednesday, October 24, 2012 at 11:14am