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NEW YORKERS v. STATE SENATE

CA 12-00313.

98 A.D.3d 285 (2012)

948 N.Y.S.2d 787

2012 NY Slip Op 5455

NEW YORKERS FOR CONSTITUTIONAL FREEDOMS et al., Respondents, v. NEW YORK STATE SENATE et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Fourth Department.

July 6, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for defendants/appellants.

Liberty Counsel, Lynchburg, Virginia ( Rena M. Lindevaldsen of counsel), and Joseph P. Miller , Cuba, for plaintiffs/ respondents.

CENTRA, J.P., PERADOTTO, CARNI and SCONIERS, JJ., concur with FAHEY, J.

OPINION OF THE COURT

FAHEY, J.

This appeal arises from the passage of the Marriage Equality Act (MEA) (L 2011, ch 95, § 3), which permits same-sex couples to marry in this state (see Domestic Relations Law § 10-a). Plaintiffs unsuccessfully opposed the MEA, and thereafter commenced this action to challenge the process by which it was enacted. Defendants, New York State Senate, New York State Department of Health and Eric T. Schneiderman...

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