No. 22-343

Lynn S. King v. New York, et al.

Lower Court: Second Circuit
Docketed: 2022-10-12
Status: Denied
Type: Paid
Response Waived
Tags: divorce-proceedings domestic-relations domestic-relations-law first-amendment free-exercise religious-covenant religious-wedding sacred-covenant standing
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether New York Domestic Relations Law 170(7) violates the Free Exercise of religion clause

Question Presented (OCR Extract)

QUESTIONS 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.

Docket Entries

2023-01-09
Petition DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-14
Waiver of right of respondents The State of New York and Howard A. Zucker to respond filed.
2022-08-05
Petition for a writ of certiorari filed. (Response due November 14, 2022)

Attorneys

Lynn King
Lewis B. Oliver Jr.Oliver and Oliver, Petitioner
The State of New York and Howard A. Zucker
Kate Han NepveuNew York State Office of the Attorney General, Respondent