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Lynn S. King v. New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-780 · judgment May 9, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I Whether New York Domestic Relations Law 170(7), which permits one spouse to obtain a divorce based on an affidavit that the marriage relationship has broken down due to irreconcilable differences for more than six (6) months, violates the Free Exercise of religion clause guaranteed by the First Amendment as applied to a husband and wife who participated in a religious wedding in which they both entered into a sacred covenant before God to remain married until death do us part. II Whether petitioner King has standing to bring a claim that a divorce granted pursuant to Domestic Relations Law 170(7) violates her right to the Free Exercise of religion clause guaranteed by the First Amendment, where during the religious wedding ceremony both she and her husband entered into a sacred covenant before God to remain married until death do us part.
Counsel of record
For petitioner
Lewis B. Oliver Jr.
Oliver and Oliver
For respondent
Kate Han Nepveu
New York State Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 09 2023Petition DENIED.
- Nov 30 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 14 2022Waiver of right of respondents The State of New York and Howard A. Zucker to respond filed.
- Aug 05 2022