New York attorney general Eric Schneiderman filed papers on Friday asking a state court to dismiss a lawsuit filed by marriage equality opponents seeking to nullify the new law.
New Yorkers for Constitutional Freedoms, a group of evangelical Protestants, filed the suit in July with Rabbi Nathaniel Leiter, executive director of Torah Jews for Decency. Their suit claims, among other things, that the New York state senate violated its own rules in passing the marriage equality law in June, for example, by holding closed-door negotiations. They also claim that Governor Andrew Cuomo acted improperly when he waived the three-day waiting period between the bill’s introduction and the vote.
The Associated Press reports that in papers filed Friday, Schneiderman claims that the plaintiffs have not been harmed and that they do not have standing to challenge the actions of the senate, where procedural actions of the senate and governor are not subject to judicial review. The attorney general asked for a hearing on October 17 at the Livingston County courthouse.
“In his motion to dismiss, Schneiderman relies heavily on the separation of powers to argue the court shouldn't get involved in matters ‘wholly internal’ to the legislature,” reports the AP. “He also contends the various meetings between executive and legislative branch members, lobbyists and other interested parties were proper under the open meetings law.”
http://www.advocate.com/News/Daily_News/2011/09/19/New_York_Attorney_General_Moves_to_Dismiss_Marriage_Equality_Law/