November 29, 2011
Judge OKs Lawsuit to Challenge N.Y. Gay Marriage
Jason St. Amand READ TIME: 2 MIN.
The New Yorkers for Constitutional Freedom filed a lawsuit on July 25 that challenges New York's marriage equality law. New York Supreme Court Judge Robert Wiggins has recently ruled that the lawsuit can proceed,reported the Capitol Confidential in a Nov. 29 article.
According to the four-page decision, the judge criticizes New York Gov. Andrew Cuomo (D) for "issuing a message of necessity that rushed the legislation onto the Senate floor." The message said that the law needed to be quickly passed because there were 50,000 New York same-sex couples that were being denied the right to marry.
"Logically and clearly this cite by the Governor [sic] is disingenuous," Wiggins says in the decision.
"The review of such concept altering legislation for three days after generations of existing definitions would not so damage same-sex couples as to necessitate an avoidance of rules meant to ensure full review and discussion prior to any vote," he continues.
"Nonetheless, this Court is reluctantly obliged to rule that that the message of necessity submitted by the Governor was accepted by vote of the Senate, and is NOT within this Court's province to nullify."
The New Yorkers for Constitutional Freedoms is a Christian conservative group led by Rev. Jason J. McGuire. NYCF has been a huge proponent of same-sex marriages in New York in 2011. After the Marriage Equality act was passed, the group set up a "Courage Fund," to "assist courageous municipal clerks and other people of conscience in New York State."
The timing of the passage couldn't have been more opportune for the popular Democratic governor. The bill passed in a dramatic (literally) 11th-hour vote in the State Senate after six Republicans crossed party lines and, in emotional statements, explained that they were voting against party and for principle.
The vote took place barely two days before New York City's massive Gay Pride Parade, where Gov. Cuomo was treated like a conquering hero. Speculation immediately began in Democratic circles that amounted to a virtual anointing of the governor as the successor to whoever wins the 2012 presidential election in 2016.
