The Corner

Judge: NY Governor Trampled Law in Rush to Redefine Marriage

When Governor Cuomo was pushing for same-sex marriage in June, he was in a rush (reportedly to get things done by news time). Though the New York State constitution (Article III, section 14) requires that the final language of a bill be available three days before a vote, the final language of the same-sex-marriage bill (including its stingy religious exemptions) was not available until a few hours before the vote. The constitution provides for a rush vote where the governor “shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon.” This is the provision Governor Cuomo invoked to get around the normal requirement.

New Yorkers for Constitutional Freedom had challenged this and other actions by the government in shoving the bill through, and an initial decision has now been made in that case. The court ruled “reluctantly” that it could do nothing about the violation of the 72-hour requirement since the senate had accepted it, but allowed for a trial on whether legislators violated an open-meetings law in the lead-up to marriage redefinition.

Even though the court concluded it was powerless to redress the illegality in the governor’s actions, the judge still had some strong things to say about the purported legislative emergency. Of the reason the governor gave for immediate action (that “marriage equality” had been denied too long), the court said: “Logically and clearly this cite by the Governor is disingenuous. The review of such concept altering legislation for three days after generations of existing definitions would not so damage same sex couples as to necessitate an avoidance of rules meant to ensure full review and discussion prior to any vote.” The court further noted: “It is ironic that much of the State’s brief passionately spews sanctimonious verbiage on the separation of powers in the governmental branches, and clear arm-twisting by the Executive on the Legislative permeates this entire process.”

Most Popular

Culture

New England Journal of Medicine Pushes Reparations

Reparations would grant African Americans government benefits not paid to other Americans to rectify the awful sin of slavery and the "peculiar institution's" residual harm. It is a favored policy of hard progressives, so of course, the New England Journal of Medicine -- which regularly promotes left-wing causes ... Read More
Culture

New England Journal of Medicine Pushes Reparations

Reparations would grant African Americans government benefits not paid to other Americans to rectify the awful sin of slavery and the "peculiar institution's" residual harm. It is a favored policy of hard progressives, so of course, the New England Journal of Medicine -- which regularly promotes left-wing causes ... Read More
Books

Three Cheers for the Quiet Ones

People often dismiss shy, quiet characters in literature. Readers prefer to identify with Jo March, Elizabeth Bennett, or Anne Shirley -- those delightful, bold, and charming characters who made a deep impression on us when we first encountered them. While there’s nothing wrong with emulating or admiring these ... Read More
Books

Three Cheers for the Quiet Ones

People often dismiss shy, quiet characters in literature. Readers prefer to identify with Jo March, Elizabeth Bennett, or Anne Shirley -- those delightful, bold, and charming characters who made a deep impression on us when we first encountered them. While there’s nothing wrong with emulating or admiring these ... Read More
Media

Wajahat Ali, Ctd.

I gather he didn’t like my comment on his New York Times op-ed on the folly of reaching out to Trump supporters. He snipes, “I await The National Review’s piece on reaching out to Biden voters and reading about their ‘elegy’ and understanding their ‘economic anxiety.’” After the 2016 election, ... Read More
Media

Wajahat Ali, Ctd.

I gather he didn’t like my comment on his New York Times op-ed on the folly of reaching out to Trump supporters. He snipes, “I await The National Review’s piece on reaching out to Biden voters and reading about their ‘elegy’ and understanding their ‘economic anxiety.’” After the 2016 election, ... Read More