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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 11:23 AM
Original message
Judge Says Suit to Void Marriage Act May Proceed
Source: NYT

Harshly criticizing Gov. Andrew M. Cuomo for the tactics he used to win approval of same-sex marriage, a state judge has ruled that a lawsuit challenging the enactment of New Yorks Marriage Equality Act can proceed.

Acting Justice Robert B. Wiggins of State Supreme Court in Livingston County, in the Finger Lakes region, wrote that it was possible that the Republican majority in the State Senate had violated the states open meetings law as it discussed whether to bring the marriage bill to a vote.

His ruling offered a flash of hope for the conservative group that filed the lawsuit, New Yorkers for Constitutional Freedoms, which is asking the court to overturn the marriage law and nullify the weddings that have been performed under it.

The state attorney general, Eric T. Schneiderman, had sought the dismissal of the lawsuit. Justice Wiggins dismissed some elements of the case but said it could proceed on the open-meetings issue.

Read more: http://www.nytimes.com/2011/11/30/nyregion/judge-says-l...
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 11:25 AM
Response to Original message
1. ...
:mad:
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stevenleser Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 11:43 AM
Response to Reply #1
2. Don't worry, this is a desperation hail mary pass with no receivers downfield.
They have no chance. They are just being jerks.
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efhmc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 12:26 PM
Response to Reply #2
8. Would you have thought California would have
voted to nullify their law?
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stevenleser Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 02:03 PM
Response to Reply #8
12. This is a court case and the argument is so thin you can see right through it. nt
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Glorfindel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 11:50 AM
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3. "nullify the weddings that have been performed under it" ???
Wouldn't that be an ex-post facto law, which is forbidden by the U.S. Constitution? I think New Yorkers for Constitutional Freedoms needs to change its name.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 12:47 PM
Response to Reply #3
10. Not quite. They'd effectively be saying that the law was invalid from the start.
And therefore that any weddings performed were equally invalid.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 11:57 AM
Response to Original message
4. "New Yorkers for Constitutional Freedoms" irony much?
Why is it that groups that want to deny marriage equality, or in other ways want to make Authoritarian laws that deny Rights to groups of people always having something about "Freedom" in their names?
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 11:57 AM
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5. Nobody ever punishes Republicans when they break rules anyway. n/t
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SoapBox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 12:02 PM
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6. Grasping at the last "straws"?
...so what is this judge's background.

That will speak volumes about his views on this issue.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 12:52 PM
Response to Reply #6
11. He's listed as a county court judge for Livingston County.
That means he's a Republican. (I live next door to Livingston County--no Democrats get elected county-wide there.) I'm not sure why he's listed as an acting justice for the State Supreme Court.

http://www.nycourtsystem.com/applications/judicialdirec...
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RoccoR5955 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 12:04 PM
Response to Original message
7. Another religious group trying to inflict their dogma on the rest of us.
I am sure that if this goes to the State Court of Appeals (which is higher than NY's Supreme Court) it will remain law.
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HockeyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-11 12:35 PM
Response to Reply #7
9. These religious groups infuriate me
not just from the standpoint of gay rights, but also from the perspective of MY OWN marriage. I don't want their RELIGION (God,sacred, holy, sacrament of matrimony) in MY marriage either. How is a CIVIL CONTRACT religious? What don't they understand about that?
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