New York’s newly-enforced law recognizing same-sex “marriage” is being challenged by lawyers who say the state’s constitutional and legal procedures were “flagrantly” violated when lawmakers pushed the bill through last month.
Liberty Counsel has filed a lawsuit in the New York Supreme Court for declaratory and injunctive relief against the law that was signed on June 24 by Governor Andrew Cuomo.
Numerous constitutional and legal violations were committed using strong-arm tactics to pass the Act, thus infringing the rights of the citizens of New York, claims Liberty Counsel.
The organization claims the following alleged infringements of the law:
- In a violation of the Open Meetings Law, Mayor Bloomberg lobbied all Republican senators for the bill in a secret session.
- The Governor pressured Republican Senators to vote for the Act at a private meeting at the Governor’s mansion and with the millions of dollars he had raised from Wall Street financiers.
- Mayor Bloomberg’s promise to make campaign contributions to any Republican senator who voted in favor of the Act, which he’s already carried through on, and to opponents of any Republican senator who didn’t vote for the Act.
- The Governor’s violation of the constitutionally mandated three-day review period before the Legislature votes on a bill by unjustifiably issuing a message of necessity.
- Unprecedented Senate lock-outs during the days leading up to the vote, where lobbyists and the public were shut out from the Senate lobby and denied access to elected representatives.
- Rule changes on the Senate floor to prevent debate on the bill and to ensure it was signed in time to get coverage on the evening news.
The full list of alleged violations can be found in the complaint here.
Liberty Counsel is representing New Yorkers for Constitutional Freedoms (NYCF), and several other plaintiffs. NYCF is a statewide, issue-oriented, lobbying organization committed to voicing the pro-life and pro-family perspective to New York state elected officials. They represent constituents throughout the state of New York.
“New York law requires that the government be open and transparent to keep political officials responsible,” said Mathew Staver, Founder and Chairman of Liberty Counsel and Dean of Liberty University School of Law, in a press release Monday. “When government operates in secret and freezes out the very people it is supposed to represent, the entire system fails.
“The back-room tactics were rampant in the passages of this law. The law should be set aside and the process should begin again to allow the people a voice in the process.”
