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Judge OKs Challenge to NY's Same-Sex Marriage Law

Wednesday, November 30, 2011

Gay pride flag (Stephen Nessen/WNYC)

Opponents of New York's same-sex marriage law say they're "grateful" that a state Supreme Court judge in the Finger Lakes region of the state has allowed their challenge to the law to go forward. 

The head of New Yorkers for Constitutional Freedoms, Jason McGuire, said his group's lawsuit alleges Governor Andrew Cuomo illegally met with Senate Republicans behind closed doors when he was seeking GOP support for the bill.

"When that majority of Senators met with Governor Cuomo, New York City Mayor Michael Bloomberg and perhaps some others, there was some severe arm-twisting that occurred," he said. "We believe it's a violation of open meetings laws, that that is a process that should be open to public scrutiny."

In a decision earlier this month in state Supreme Court in Livingston County, Acting Justice Robert Wiggins dismissed an attempt by state Attorney General Eric Schneiderman to block the lawsuit before it reached a full hearing.

Schneiderman had argued the open meetings requirement doesn't apply to a Republican caucus with invited guests. His office said it's still reviewing the ruling.

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