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We need to protect our statute against this unconstitutional federal law that really seeks to disempower New Yorkers

Attorney General Schneiderman joins case against Defense of Marriage Act

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New York state attorney general Eric Schneiderman says he's confident the state will win a lawsuit challenging the newly-signed same-sex marriage law. And he's taking steps to see same-sex marriage legalized throughout the country.

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Reported by

Nora Flaherty
Digital Editor, News

New Yorkers for constitutional Freedoms—a non-profit group founded by Christian pastors—filed the lawsuit Monday. It alleges lawmakers didn’t follow appropriate procedure when they debated and voted on the law. Schneiderman says that’s not the case.

In an interview with Capital Correspondent Karen DeWitt, Schneiderman said although he’s confident New York’s law will hold up against the current legal challenge—it’s vital to deal with the national Defense of Marriage Act, or DOMA:

So I’m sure we’ll prevail in our defense of the statute, but it’s important for New Yorkers to understand we need to protect our statute against this unconstitutional federal law that really seeks to disempower New Yorkers and treat our married couples with less respect than married couples from other jurisdictions.

So Schneiderman has also lent his support to a case in Federal court that challenges DOMA…filing a “friend of the court” brief in Manhattan Tuesday:

Essentially what we’re arguing and what the plaintiffs are arguing is that DOMA unconstitutionally treats marriages differently so New York marriages aren’t treated the same as marriages from Ohio, Pennsylvania, Nevada are.

Schneiderman said the case—Windsor V. United States—is likely to be one of a couple “test cases” that determine if DOMA is constitutional.   

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