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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


Certiorari denied · January 9, 2023
Pre-decision estimate: 1% cert probability

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

  1. Jan 09 2023
    Petition DENIED.
  2. Nov 30 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Nov 14 2022
    Waiver of right of respondents The State of New York and Howard A. Zucker to respond filed.
  4. Aug 05 2022
    Petition for a writ of certiorari filed. (Response due November 14, 2022)