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Updated 07/25/2011 03:22 PM

Cuomo: Lawsuit Against Gay Marriage Bill Is "Without Merit"

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As more same-sex couples get married at City Clerk's offices in the five boroughs today, opponents of the law are trying to overturn the state's Marriage Equality Act in court.

The group New Yorkers for Constitutional Freedoms filed a lawsuit in state court today, saying that the State Senate did not follow proper procedure when it approved the bill on June 24.

The lawsuit claims that opposing senators were unable to speak and that the bill did not go through the right committees before the full senate vote.

A spokesman for Governor Andrew Cuomo, who campaigned for gay marriage, responded, “The plaintiffs lack a basic understanding of the laws of the state of New York. The suit is without merit.”

Opponents of same-sex marriage, including clergy members and the National Organization for Marriage, protested outside Cuomo's Midtown office yesterday, saying the issue should be decided by public referendum, rather than the state Legislature.

Meanwhile, LGBT couples are continuing to come to the City Clerk's offices to either get marriage licenses for future ceremonies or to get waivers signed by a judge to bypass a 24-hour waiting period, so they can exchange vows immediately after.

The crowds at the City Clerk's offices were not as large today as on Sunday, when same-sex marriage licenses were first issued, but that did not meet the couples who came were any less excited.

"We're very excited about this, it's been a long wait," said Marshall Mason, who has been with his partner Daniel Irvine for more than 37 years.

"The last two weeks I've been like, everyone I meet in the street, I'm like, 'This is my wife-to-be and everybody, there's not been one negative response," said Airam Ortiz, who has been with her partner Milagros Diaz for 14 years.

Harold Kooden and John Hunter have been together for 10 years, and neither thought the day would come when they could exchange wedding vows.

"Not in my lifetime, no, no," said Kooden.

"It's still a little unreal, there's an element of, is this really going on? Is this really going to happen? And there's also a lot of excitement too," said Hunter.

Lisa Costanzo and Debbie Pellegrino of Bay Ridge, Brooklyn were thrilled they can get married in their hometown. They had planned to do it in Connecticut until New York state lawmakers passed the bill legalizing same-sex marriage.

"I proposed to Debbie in 2009 in Turks and Caicos and weren't expected to get married where we grew up, so it's amazing," said Costanzo.

"We were born and raised here and we can do it right here, so it's really beautiful," said Pellegrino.

Many of the couples said they wanted to make their marriage legal as soon as possible, and then have a bigger celebration with family and friends at a later date.

"I'm so happy that we don't have to apologize and be second-class citizens anymore," Mason said.

"I believe it's for our family, for my daughter to feel like she doesn't always have to explain 'Why do you have two moms?' Even though she's very comfortable with it," said another newlywed. "To legitimize, to not have to always say, 'Oh is that your partner? Oh, is that your girlfriend? What is that?'"

On Sunday, 659 same-sex and opposite-sex couples got married in the five boroughs and city officials say that 77 percent of those pairs were local New Yorkers.

Manhattan had the most pairings, with 365 marriages, followed by Brooklyn with 121, 89 in Queens, 42 in the Bronx and 41 on Staten Island.

In the Upper East Side, Mayor Michael Bloomberg presided over the wedding of two of his top aides, John Feinblatt and Jonathan Mintz.

Cuomo held a Sunday party for hundreds of advocates and lawmakers who helped pass the gay marriage bill.

New York is now the sixth and largest state to recognize same-sex marriage.

Marriage Equality In NYC