A state judge has refused to dismiss a suit challenging the gay marriage law signed by Gov. Andrew Cuomo in June, concluding there is an issue whether New York's open meetings law was violated.
New Yorkers for Constitutional Freedoms and other opponents claim the law should be nullified because the state Senate Republican majority met illegally with Cuomo behind closed doors, where Cuomo sought support before the critical vote that led to its narrow passage.
The measure legalized same-sex marriage in New York.
Attorney General Eric Schneiderman argues the Republican caucus with invited guests was exempt from the open meetings requirement.
Acting State Supreme Court Judge Robert Wiggins says the court doesn't have enough facts to rule on that issue and dismissed other grounds for the challenge.