NY AG asks court to toss anti-gay marriage lawsuit

(AP Photo)

September 17, 2011 2:43:44 PM PDT
New York's attorney general has asked a state court to throw out a lawsuit challenging the gay marriage law signed by Gov. Andrew Cuomo in June.

New Yorkers for Constitutional Freedoms and several other opponents of the law sued on July 25.

They claim in part that the law should be nullified because the state Senate violated its own rules and the state's open meetings law before the critical vote that led to its narrow passage.

Attorney General Eric Schneiderman argues in papers filed Friday that the opponents haven't been harmed by the law, don't have standing to challenge the actions of the Senate and any procedural actions of the Senate and governor aren't subject to judicial review.

He's asked for a hearing on Oct. 17 at the Livingston County Courthouse.