Challenge to same-sex marriage survives

Nov. 30, 2011 at 7:54 AM
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NEW YORK, Nov. 30 (UPI) -- A lawsuit challenging the way the legislature approved New York's Marriage Equity Act will be allowed to proceed, a state judge has ruled.

Acting Justice Robert B. Wiggins of the State Supreme Court said it is possible the Republican majority in the State Senate violated New York's open meetings law when it discussed whether to bring the same-sex marriage bill to a vote, The New York Times reported Wednesday.

The state of New York sought dismissal of the suit filed by the conservative group New Yorkers for Constitutional Freedoms.

Their lawsuit charged several of the meetings on the legislation, including ones involving Gov. Mario Cuomo and New York Mayor Michael Bloomberg, should have been subject to the open meetings law.

Wiggins wrote it is ironic the state's brief "spews sanctimonious verbiage on the separation of powers" yet "arm-twisting by the Executive on the Legislative permeates the entire process."

The lawsuit asks the court to overturn the marriage law and nullify any weddings that were performed under it.

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