UNDER 21 v. CITY OF N. Y.


65 N.Y.2d 344 (1985)

Under 21, Catholic Home Bureau for Dependent Children, et al., Appellants, v. City of New York et al., Respondents. Salvation Army, Appellant, v. Edward I. Koch, as Mayor of the City of New York, et al., Respondents. Agudath Israel of America, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 28, 1985.


Attorney(s) appearing for the Case

John P. Hale and Patrick B. Silva for appellants in the first above-entitled action.

Joseph Polizzotto, William J. Moss, Edward P. O'Keefe and William D. Smith for appellant in the second above-entitled action.

David Zwiebel and Aaron Twerski for appellant in the third above-entitled action.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Alfred Weinstein, Dennis deLeon, Michael S. Adler and Paul Rephen of counsel), for respondents in the first, second and third above-entitled actions.

Nathan Lewin and Dennis Rapps for the National Jewish Commission on Law and Public Affairs, amicus curiae.

David L. Benetar and Stanley Schair for The New York Chamber of Commerce and Industry, amicus curiae.

Gregory K. Hiestand, Joy D. Oberman, Robert E. Williams, Douglas S. McDowell and Lorence L. Kessler for The Equal Employment Advisory Council, amicus curiae.

Robert Abrams, Attorney-General (Robert Hermann, O. Peter Sherwood, Rosemarie Rhodes, Lawrence S. Kahn and Debra L. Raskin of counsel), for the State of New York, amicus curiae.

Thomas B. Stoddard and Madeline Kochen for New York Civil Liberties Union, amicus curiae.

Robert L. Becker, Rosaria Esperon, Julius L. Chambers, Charles Steven Ralston, Ronald L. Ellis, David Seth Michaels, David Raff, Margaret Burnham, Stan Mark, Marcia Levick, Barbara Rochman, Sarah Wunsch, Abby Rubenfeld, Madeline Kochen, Thomas B. Stoddard and Douglas Kellner for Puerto Rican Legal Defense and Education Fund, Inc., and others, amici curiae.

Richard E. Feldman for Lambda Legal Defense and Education Fund, Inc., amicus curiae.

Judges JASEN, SIMONS, KAYE, ALEXANDER and TITONE concur with Chief Judge WACHTLER; Judge MEYER dissents and votes to affirm in a separate opinion.


Chief Judge WACHTLER.

The question on this appeal is whether the Mayor of the City of New York has the authority to promulgate an Executive Order prohibiting employment discrimination by city contractors on the basis of "sexual orientation or affectional preference." The Appellate Division held that the Mayor had this power. We disagree and hold that because of the separation of powers delineated in the City...

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