Citing possible violations of an open
meetings law, a New York judge has ruled that a portion of a lawsuit
filed by gay marriage foes may move forward, Daily
Politics, a blog of the New York Daily News, reported.
The suit, filed by New Yorkers for
Constitutional Freedoms, a group which lobbied lawmakers to reject
the law, claims in part that the closed-door negotiations between
Senate Republicans and Governor Andrew Cuomo violated the state's
open meetings law and Cuomo's waiver of the three-day waiting period
between a bill's formal introduction and a vote runs afoul of the
Senate's own rules.
Acting Livingston County state Supreme
Court Judge Robert Wiggins agreed with plaintiffs that Cuomo's
meetings might have violated the law.
“There is not sufficient facts before
the court to determine the matter; thus, the case shall proceed with
this issue,” Wiggins wrote.
He dismissed the remainder of the case,
but not before jeering the administration's claim that the emergency
waiver was necessary to avoid a delay of critical protections for gay
and lesbian couples in New York.
“Logically and clearly this cite by
the governor is disingenuous.”
“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,” Wiggins wrote.
Wiggins, however, said that since the
Senate agreed to the waiver there was nothing he could do.
The Rev. Jason McGuire, executive
director of New Yorkers for Constitutional Freedoms, cheered the
“We have said all along that we look
forward to our day in court. Now we will have it. The legality of
our legislative process must be protected,” McGuire said.