To the surprise of no one, a state appeals court decision to toss a lawsuit challenging the legality of New York’s same-sex marriage law has elicited a number of responses from officials and advocates.
For the conservative, Monroe County-based New Yorkers for Constitutional Freedoms—the group that filed the original lawsuit—the Appellate Division’s decision means the group is faced with decisions of its own. There’s one option left for a potential appeal—the state Court of Appeals.
Jason McGuire, the executive director of the group, said the organization is weighing its options.
“Cleary I am disappointed by the decision from the Appellate Division, but if there is one thing I have learned it is that there is a certain ebb and flow to the various levels of court actions,” he said in a statement. “The truth is even liberal-leaning good government groups have had to admit that the process by which same-sex ‘marriage’ became law was a bad one.”
Sen. Stephen Saland, R-Poughkeepsie, said he was pleased with the court’s decision, but not surprised. He was one of four Republican senators who voted in favor of same-sex marriage in 2011.
“I didnt think there was at the time” a violation of law, Saland said. “I would have been very much surprised if the appellate court had affirmed the lower court.”
For Attorney General Eric Schneiderman—whose office argued the case for the state—the ruling was vindicating. A lower court ruled that the lawsuit could proceed when the state moved to dismiss it.
In a statement, Schneiderman said:
“This is a great victory for marriage equality, and further protects the right of all New York couples to equal treatment under law. We are pleased that the court upheld the Marriage Equality Act, and found no defect in the meetings that preceded the passage of this historic law.
New Yorkers and all Americans should live in a country where they know they will be treated equally under the law and my office will continue to fight for their rights every day.”