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Top court tosses lawsuit to derail same-sex marriage

New York’s top court Tuesday dismissed a lawsuit aimed at overturning the state’s landmark law legalizing same-sex marriage.

Without comment, the Court of Appeals said it would not hear the case, brought by New Yorkers Constitutional Freedoms, a conservative religious group that sought to declare the law illegal. Among other things, the group claimed that the state Senate violated the state’s open meetings law by discussing the proposed law behind closed doors.

The Court of Appeals’s action ends the case and means that a midlevel court decision to toss the lawsuit stands.

New York legalized same-sex marriage in June 2011, making it the sixth and largest state to do so.

Gov. Andrew M. Cuomo, who successfully steered the same-sex marriage bill through the state Legislature, applauded the court's decision.

 "With the court’s decision, same-sex couples no longer have to worry that their right to marry could be legally challenged in this state," the governor said in a statement. "The freedom to marry in this state is secure for generations to come."

Jason McGuire, the executive director of New Yorkers for Constitutional Freedoms, denounced "rogue legislators" and "activist courts" for the outcome.

Essentially this was a case that didn't look at the morality of gay 'marriage', but the legality of the process and procedure by which it became law," McGuire said. "What is most troubling is that the court has surrendered its rightful role as a check and balance on an out-of-control Legislature."


 

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