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Lawsuit claims State Senate broke rules in passing gay-marriage bill

News Albany Bureau

Published:July 25, 2011, 12:53 PM

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Updated: July 25, 2011, 10:51 PM

ALBANY -- The first of many expected legal challenges to the state's new gay marriage law was filed Monday in State Supreme Court by a group arguing that the State Senate violated a series of rules and laws last month when it enacted the Marriage Equality Act.

Members of the conservative group that sued asked the courts to halt gay-marriage ceremonies while the case is heard. They also want the hundreds of same-sex marriages performed in New York since the law took effect at 12:01 a.m. Sunday to be declared void.

The suit, filed by the leaders of New Yorkers for Constitutional Freedoms, an evangelical church group, alleges that the Senate engaged in a "corrupt process" that included violations of the state's open meetings laws, that it locked out constituents from public corridors to prevent access to senators and that Senate Republicans received donations for switching to back the measure.

The group is being represented by a Christian legal group based in Lynchburg, Va., that had ties to the late Rev. Jerry Falwell.

"This was greased to go," the Rev. Jason McGuire, who heads New Yorkers for Constitutional Freedoms, said of the June 24 gay-marriage vote.

A spokesman for Senate Majority Leader Dean Skelos, R-Rockville Centre, declined to comment Monday.

McGuire contends that a number of procedures helped to make the vote illegal, including not holding a Senate Rules Committee meeting to consider the bill before it went to the floor and shutting off debate during the brief deliberations.

He said the GOP-led Senate had two goals the night of the vote: to beat back any second thoughts by senators leaning toward a yes vote and to help Gov. Andrew M. Cuomo's publicity campaign for the bill's passage.

"I think they were moving in such a way to aid the governor and to get him maximum news coverage on the 11 o'clock news," McGuire said of the bill that passed quickly and before the evening news shows ended.

The suit was filed in State Supreme Court in Livingston County, where McGuire lives, against the Senate, Department of Health and Attorney General Eric Schneiderman.

The suit contends the state's open meetings laws were violated on at least two occasions, including one closed-door meeting between Senate Republicans and New York Mayor Michael Bloomberg, a gay-marriage supporter who later donated to several senators, including Sen. Mark Grisanti, R-Buffalo, after they voted for the bill. The measure passed with the votes of 29 Democratic senators and four Republican senators.

The suit also calls into question private meetings held by Cuomo and Senate Republicans at the governor's mansion in Albany. It also said that the Senate illegally shut down hallways in the Capitol, blocking access to rank-and-file senators by gay-marriage opponents and that Republican senators turned off their cell phones so lobbyists could not reach them on the controversial bill. It called the actions "unprecedented."

The suit said Cuomo illegally provided a "message of necessity" for the bill's passage on the last night of the legislative session. The plaintiffs claim that no emergency existed and that the bill should have gone through the normal, three-day period before going to the floor vote.

Ignoring the usual Senate rules, the lawsuit contends, "deprived citizens, through their elected officials, the opportunity to participate in the deliberative process of the [gay-marriage] act."

A spokeswoman for Schneiderman declined to comment.

Joshua Vlasto, a Cuomo spokesman, dismissed the lawsuit's claims. "The plaintiffs lack a basic understanding of the laws of the State of New York. The suit is without merit," he said.

Gay-rights groups were unfazed by the suit. "It's ironic that an organization that used to cry judicial activism is now grasping at straws and filing a lawsuit," said Ross Levi, executive director of Empire State Pride Agenda, which lobbied for the vote.

Levi said the state's highest court already ruled that the gay-marriage issue was one for the Legislature to decide, which it did after polls showed 58 percent of the state's voters backed the marriage-equality measure.

The case is far from an easy one. Courts in New York traditionally have avoided getting involved in the business of the Legislature, often arguing that it is up to that branch of government to set its own rules.

Joining McGuire as plaintiffs are the Rev. Duane Motley, the senior lobbyist with McGuire's group, and Nathaniel Leiter, executive director of Torah Jews for Decency, an Orthodox group.

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Gee Whiz, a lawyer has to make a living somehow on both sides of the fence.


PHILIP JAMES JAROSZ, BUFFALO, NY on Tue Jul 26, 2011 at 01:48 PM

"You can't tax the church. Separation of church and state. They can politic. Its their civil right. You constitutional scholars are amazing."

UM, Mr. Fahey, didn't you just completely contradict yourself right here? Seperation of church and state means that if a church enters politics, they should lose their tax exemptions, period. If, as you described, Al Sharpton is acting on behalf of his parish or the Catholic Church and raising money for Democrats, or suing the government, then heck yes, let him pay his way.
Your statement about President Obama not getting elected if it weren't for church folks buying votes on his behalf is ludicrous, as is you hinting that Mr. Obama is a slave to the Rev Wright. I don't recall either Al or Wright ever suing the government because of legislation they disagree with...I know these folks, and PLENTY of evangelicals as well, try to get their views heard in the courts of public opinion, but politicing violates the seperation of church and state, IN YOUR OWN WORDS>

Churches enjoy tax-free benefits that the rest of us citizens don't enjoy, and the trade-off is that I, or you, or any citizen, can sue the government if we choose to because we are paying through taxes for our representation...this is a notion that so many of the so-called tea partyers totally parade around, and yet I'm sure many 0f them would agree that a tax-exempt group that enters politics at a certain level should pay their fair share for that right.
What is more American than no taxation without representation? Or the flipside: don't pay taxes= stay out of politics.

THOMAS SACILOWSKI, AMHERST, NY on Tue Jul 26, 2011 at 08:59 AM

Wait a minute. Are you trying to tell me people who support immoral, nonsensical laws calling homosexual acts "marriage" would actually buy off votes? I'm shocked! Is there gambling in casinos, too?!

TERENCE STANTON, ORCHARD PARK, NY on Tue Jul 26, 2011 at 08:15 AM

there are very few Atheists on their death beds

DANIEL ROBERTS, BUFFALO, NY on Tue Jul 26, 2011 at 06:50 AM

lets give it a rest.the church is always there with its people marching up and down some where,complaining about abortions,the casino and now gays getting married. i think the church should look in its own backyard and get rid of its preditors,they should start paying tax like every one else.did you ever notice that its old people marching up and down.they have nothing to do with there life.maybe god was gay.who knows.but if you really believe in god,then act it. i do not think gays getting married has changed my life. i do not think the casino is hurting me.if i do not like the channel i am watching on tv,i simply turn to another.why can't these idiot churches do the same.

DANIEL LANGAN, CHEEKTOWAGA, NY on Tue Jul 26, 2011 at 05:08 AM

Go shop for a CONSERVATIVE judge! After all, libbies like to find ultra-libs to rule in their favor when votes go against them.

LLOYD MARSHALL, LOCKPORT, NY on Mon Jul 25, 2011 at 10:54 PM

Strange I've never heard you liberal elites call for Jesse and Al to lose their tax exempt privilages. They go right into A.M.E. pulpits and collect money for left wingers and politic for them, but no one on the left, atheist or not, ever says boo. Thats called hypocrasy. Mix in a large dose of anti-catholic bigotry and you have the American Democrat Party. I wonder how many blacjs would never have won seats if that happened. I can think of one offhand. Barrack Obama. Rev. Wright still has his tax privilages. The answer? You can't tax the church. Separation of church and state. They can politic. Its their civil right. You constitutional scholars are amazing.

MARK FAHEY, LANCASTER, NY on Mon Jul 25, 2011 at 10:25 PM

Once any religious group enters the arena of politics, especially on the scale of filing a lawsuit against our state government regarding policy, that group should IMMEDIATELY have to start paying taxes.

I'm totally fine with clergy that preach politics or try to deprive certain members of the community from receiving sacraments based on their politics, I'm ok with Morman groups rallying around California to get their vote out on Prop 8, and churches can spend millions lobbying Congress, for all I care.....just pay your taxes like everyone else because you have now stepped out of the realm of saving souls and into the political arena, and should be treated just like all other citizens. Pay taxes on all that beer-tent, bingo, lawn-fete, car raffle income...pay property taxes ...pay sales tax on everything you purchase. It's only fair...

THOMAS SACILOWSKI, AMHERST, NY on Mon Jul 25, 2011 at 06:55 PM

When libs' ideas lose at the ballot box, they look to the courts; these people are playing the same game back.

As the saying goes, what's good for the goose...

LLOYD MARSHALL, LOCKPORT, NY on Mon Jul 25, 2011 at 06:47 PM

No one in this forum, nor anywhere else for that matter, are juries, judges and executioners. Nor they should pretend to be the Supreme Almighty Judge. Allow the laws of God be the laws of God and the laws of man be the laws of man. However, if the laws of man were, in passing this bill, fraudulently passed, through bribery and deception,as some claim,then this lawsuit is legitimate and this law should be put on hold until otherwise specified, and this procedures are without any reasonable doubt found to be bogus, or found to have some merit, then, and only then, a decisive decision should be made whether this law was lawfully or unlawfully passed. I believe that those couples who has already gotten married should remain married until otherwise specified. If it is found that this law was illegally passed due to unethical behavior by the Legislators, then their marriages should be declared anulled by default.

JOSE FIGUEROA, BUFFALO, NY on Mon Jul 25, 2011 at 05:58 PM

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