Foes of same-sex marriage scored a win after a supreme court judge in Livingston County refused to dismiss a lawsuit challenging the new law that took effect this summer.

Judge Robert Wiggins writes in a ruling filed on Nov. 18 that the state’s arguments are “disingenuous.”

From the ruling:

“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. Nonetheless, this Court is reluctantly obliged to rule that that the message of necessity submitted by the Governor was accepted by vote of the Senate, and is NOT within this Court’s province to nullify.”

“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 the entire process.”

New Yorkers For Constitutional Freedoms, a religous-conservative organization based in Rochester, filed the suit after New York approved the law in June.

The group argues that the Legislature and Gov. Andrew Cuomo violated the state’s Opening Meetings Law, violated Senate rules and charged that deep-pocketed donors promised campaign cash in exchange for a yes vote. I’ve been skeptical of their arguments, which requires a court to rule on the goings on in an independent legislative body.

Gov. Andrew Cuomo’s office has said the suit is without merit.

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