September 19, 2011
Justiciability under the New York State Constitution: Motion to Dismiss Same-Sex Marriage Challenge
The state has filed a Motion to Dismiss in New Yorkers for Constitutional Freedoms v. New York State Senate, the challenge to New York's same-sex marriage statute. The plaintiffs, "New Yorkers for Constitutional Freedoms" describes its mission on its website thusly: "As a Christian ministry, NYCF exists to influence legislation and legislators for the Lord Jesus Christ." (emphasis in original)).
The motion to dismiss has some discussion of the merits, which as we have previously noted are very weak, but devotes most of its argument to justiciability issues under the state constitution. The State Attorney of New York argues that "to the extent plaintiffs complain about Senate procedures, this case is nonjusticiable." Essentially, the Attorney General argues that the case presents a political question and the entry into the fray would violate separation of powers under the state constitution. The Attorney General also argues that the plaintiffs lack standing under the state constitution. The plaintiffs cannot allege a personally concrete injury or how it suffered any injury distinct from the public at large.
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This will be interesting to see where this goes and how the court will rule. Good post, thanks.
Posted by: new york cle | Sep 22, 2011 12:14:59 PM