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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.”
Filed under: New York
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This a good thing?
Yes!
Yes!
i’m still hoping 4 SCOTUS to do likewise w prop 8. after the election, i suppose…..
Someone was trying to appeal the states same-sex marriage laws and the court basically didn’t even acknowledge it!
It should be a good thing since the homophobes lost their chance to try and repeal NY’s Marriage Equality law.
yes a very good thing .. they are denying them to chance to change the decision
Christians and conservatives need to stop telling people what they can do with their lives or be shipped out
Wow… how do they call themselves “New Yorkers for Constitutional Freedoms” when they seek to block said freedoms from other Americans??
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!
Please before I die – unfair the delay re Prop 8 and SCOTUS :-(
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.
Don’t legalize their bigotry…DO NOT….
The SCOTUS will not take up prop 8, due to the wording in the ruling, but will open the door for CA only.
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!
Love it…anything to make GOP and bible thumpers cry!!
Kyle, because their playbook is George Orwell’s 1984.
Agree!!
“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!
Victory shall be ours
Excellent judicial scrutiny!
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
Real love is just that real love!
See my new page- What if President Obama Loses?
Jeff do you have a link for your page?
Jesus loves LGBTQ