Family Life

10.24.12 | Sarah Harnisch

New York’s top court has declined to hear an appeal from a Monroe County-based group that sought to overturn the state’s law allowing same-sex marriage.

The state Court of Appeals announced its decision Tuesday.

New Yorkers for Constitutional Freedoms, a conservative group opposed to same-sex unions, filed a lawsuit against the state Senate last year, claiming that Republicans in the chamber had violated the state’s Open Meetings Law when discussing gay marriage. In particular, the group took issue with a closed-door session held in 2011 with New York City Mayor Michael Bloomberg, the Senate GOP’s top financial backer and a supporter of same-sex couples.

A state Supreme Court judge in Livingston County initially ruled the group’s Open Meetings Law claim could proceed. But the lawsuit was unanimously tossed in July by the Appellate Division, which ruled that the Senate meetings complied with the law. The Spencerport-based group later asked the Court of Appeals for permission to argue its case to the top court -- a requirement if the Appellate Division rules unanimously.

The appeal, however, was denied by the court Tuesday. No explanation was given, as is standard procedure when the Court of Appeals declines to take on a case.

The denial likely marks the end of the road for the lawsuit. The court’s decision was cheered by Gov. Andrew Cuomo, who ushered the law through the GOP-held Senate in June 2011.

“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,” Cuomo said in a statement. “The freedom to marry in this State is secure for generations to come.”

Jason McGuire, executive director of New Yorkers for Constitutional Freedoms, expressed disappointment with the decision. “Essentially we now have a court that says that they are going to not serve their proper role of a check and balance on a Legislature that has gone rogue. That's a concern.”