Gay Marriage Pushed to the Forefront By Activist Mayor

Editor's Note: For daily state-by-state information on the fast-changing issue of same-sex marriage, please visit our Web site at http://www.ljnonline.com/ and click on the interactive map.

After a prolonged silence on the increasingly charged national issue of same-sex marriage, New Yorkers finally entered the fray in February. It all began, of course, when New Paltz mayor Jason West, a 26-year-old who ran for mayor last year on the Green Party ticket, became the first elected official in New York State to preside over the marriage of a gay couple. None of the couples were issued marriage licenses, a prerequisite to marriage under state law. On that first day, February 27, West married 25 couples in the Village Hall parking lot.

Since then, hundreds more couples have put their names on a waiting list to be married in New Paltz. The town's Web site had to request that all those interested in being married register on-line rather than call or visit the Village Hall, due to the “overwhelming response” of couples wishing to marry there.

West Explains His Actions

Days after igniting this firestorm, West explained his actions by stating that upon “becoming mayor of the Village of New Paltz, I took an oath of office to uphold the Constitution of the State of New York. I take this oath very seriously, particularly as it relates to my duty to conduct marriages. I firmly believe that it would be both unfair and contrary to the New York Constitution to deny the benefits and responsibilities afforded by marriage to same-sex couples.” He further stated at that time that he intended to continue to perform his constitutional duty by solemnizing marriages for any couple that requests it.

Before becoming mayor, West was a house painter who had earlier run unsuccessfully for the State Assembly. His election last year was perhaps given a leg up by the fact that a large number of New Paltz's registered voters are students at the State University of New York at New Paltz. West himself has attended the university, though he has not yet received a degree. In the days following the initial round of same-sex marriage ceremonies, New Paltz volunteers – many of them university students — were planning to help with the logistics of supporting the deluge of anticipated marriage ceremonies. This community reaction of support for Mayor West's stance on gay rights — although far from universal — is not hard to understand, considering not only the large student population, but the town's recent “hippie” history, still evident in the many local shops selling tie-dyed T-shirts and incense.

The state's politicians were slow to react to the events in New Paltz, undoubtedly fearing that whichever side they took, they might come out the losers. New York has, after all, been one of the nation's most liberal states on issues of gay rights, enacting, for example, the Sexual Orientation Anti-Discrimination Act (S.720/A.1971) in 2002. And, since 1995, workers in the state's Civil Service Employees Association, which represents most New York State public employees, have received domestic partnership benefits under their employment contract. It is perhaps less clear in this state than in many others how voters will react to a politician's stance on this issue.

Pataki Unfazed

Unfazed by the prospect of constituent backlash, Republican Governor George Pataki almost immediately requested that the state's Attorney General, Elliot Spitzer, seek an injunction barring the town from solemnizing any further gay marriages. Spitzer declined, asserting that an injunction would not lie because allowing the ceremonies to continue would not cause “irreparable harm” under the law. The local District Attorney showed no such forbearance, however, issuing a summons ordering Mayor West to appear in town court March 3 to answer to 19 separate counts of solemnizing a marriage without a license, a misdemeanor under the domestic relations law. After receiving the summons, West stated, “I am disappointed that the District Attorney has chosen to prosecute … Tomorrow I intend to plead not guilty. I have broken no laws, and I intend to proceed with ceremonies on Saturday unless I am advised otherwise by my attorneys.” He was apparently so advised, as he cancelled his plans to conduct wedding ceremonies March 6, stating on March 5, “This is a critical moment in the birth of a movement and it is important to find potential allies. I have been in constant conversation with the office of the Attorney General and those conversations will continue next week. To create an atmosphere for positive discussions I have decided to postpone the solemnizing of same-sex marriages tomorrow. I intend to advocate as strongly as I can to persuade the Attorney General to join forces with our cause.” Days later, an injunction was issued prohibiting West from performing same-sex marriages.

Ceremonies Continue

But while West was stopped, the controversial marriage ceremonies of New Paltz were not: Two Unitarian ministers married more than a dozen lesbian couples in town that weekend, with more same-sex marriages being performed the following weekend. The two ministers were slapped with criminal charges March 15 by the Ulster County district attorney, to which they pleaded “not guilty.” Other ministers took up the challenge, marrying several more couples in New Paltz the following weekend.

Ithaca, home of Cornell and Ithaca College, was the second municipality to jump on the bandwagon, when Mayor Carolyn Peterson announced on Monday, March 1, that the city clerk would begin accepting applications for marriage licenses from gay couples. These would be forwarded to the state's Department of Health for a ruling on whether the licenses could be issued. Peterson explained that she chose this route because, without licenses, marriages performed in New York are not valid. Peterson also announced that if the health department denied the licenses to same-sex couples, the city and its attorney would help fight that decision in court. The mayor of Nyack, John Shields, announced on March 3 that he too would soon perform marriage ceremonies for same-sex couples. Shields, who is openly gay, then attempted to obtain a marriage license for himself and his partner, but was denied. He pledged to sue the state.

In a suit filed March 5, a same-sex couple claimed violation of their constitutional rights when they were denied a marriage license in New York City March 4. A handful of couples were later married on the courthouse steps

New York State's Attorney General's office issued an opinion concluding that under the present law, marriage licenses cannot be granted to same-sex couples. The written opinion noted that although nothing in the state's law specifically mentions barring same-sex marriages, the legislative history of the marriage laws indicates that only marriages between one man and one woman had been contemplated at the time of enactment. The Attorney General's Office's opinion did, however, note that courts might well find the marriage laws to be contrary to the state's constitution, which bars gender-based classifications absent a compelling state interest. Such interests might include promotion of the traditional concept of marriage as a union of one man and one woman, but New York's legal recognition in various contexts of same-sex unions could undermine any such argument. Spitzer has opined that the state would likely recognize same-sex marriages legally solemnized in other jurisdictions.

Conclusion

With the solemnization of at least 25 same-sex marriages by Mayor West, lawsuits filed around the state for failure to grant marriage licenses, and members of the clergy being prosecuted for performing marriage rites, the opportunity for a challenge to the current state of New York matrimonial law in the court system has arrived. As a state with one of the highest populations of gay and lesbian voters in the nation, it had seemed odd that the issue never came up for official action before. Now, for the first time, New Yorkers are going to have to deal with the question of the validity of same-sex marriage head-on.

Editor's Note: For daily state-by-state information on the fast-changing issue of same-sex marriage, please visit our Web site at http://www.ljnonline.com/ and click on the interactive map.

After a prolonged silence on the increasingly charged national issue of same-sex marriage, New Yorkers finally entered the fray in February. It all began, of course, when New Paltz mayor Jason West, a 26-year-old who ran for mayor last year on the Green Party ticket, became the first elected official in New York State to preside over the marriage of a gay couple. None of the couples were issued marriage licenses, a prerequisite to marriage under state law. On that first day, February 27, West married 25 couples in the Village Hall parking lot.

Since then, hundreds more couples have put their names on a waiting list to be married in New Paltz. The town's Web site had to request that all those interested in being married register on-line rather than call or visit the Village Hall, due to the “overwhelming response” of couples wishing to marry there.

West Explains His Actions

Days after igniting this firestorm, West explained his actions by stating that upon “becoming mayor of the Village of New Paltz, I took an oath of office to uphold the Constitution of the State of New York. I take this oath very seriously, particularly as it relates to my duty to conduct marriages. I firmly believe that it would be both unfair and contrary to the New York Constitution to deny the benefits and responsibilities afforded by marriage to same-sex couples.” He further stated at that time that he intended to continue to perform his constitutional duty by solemnizing marriages for any couple that requests it.

Before becoming mayor, West was a house painter who had earlier run unsuccessfully for the State Assembly. His election last year was perhaps given a leg up by the fact that a large number of New Paltz's registered voters are students at the State University of New York at New Paltz. West himself has attended the university, though he has not yet received a degree. In the days following the initial round of same-sex marriage ceremonies, New Paltz volunteers – many of them university students — were planning to help with the logistics of supporting the deluge of anticipated marriage ceremonies. This community reaction of support for Mayor West's stance on gay rights — although far from universal — is not hard to understand, considering not only the large student population, but the town's recent “hippie” history, still evident in the many local shops selling tie-dyed T-shirts and incense.

The state's politicians were slow to react to the events in New Paltz, undoubtedly fearing that whichever side they took, they might come out the losers. New York has, after all, been one of the nation's most liberal states on issues of gay rights, enacting, for example, the Sexual Orientation Anti-Discrimination Act (S.720/A.1971) in 2002. And, since 1995, workers in the state's Civil Service Employees Association, which represents most New York State public employees, have received domestic partnership benefits under their employment contract. It is perhaps less clear in this state than in many others how voters will react to a politician's stance on this issue.

Pataki Unfazed

Unfazed by the prospect of constituent backlash, Republican Governor George Pataki almost immediately requested that the state's Attorney General, Elliot Spitzer, seek an injunction barring the town from solemnizing any further gay marriages. Spitzer declined, asserting that an injunction would not lie because allowing the ceremonies to continue would not cause “irreparable harm” under the law. The local District Attorney showed no such forbearance, however, issuing a summons ordering Mayor West to appear in town court March 3 to answer to 19 separate counts of solemnizing a marriage without a license, a misdemeanor under the domestic relations law. After receiving the summons, West stated, “I am disappointed that the District Attorney has chosen to prosecute … Tomorrow I intend to plead not guilty. I have broken no laws, and I intend to proceed with ceremonies on Saturday unless I am advised otherwise by my attorneys.” He was apparently so advised, as he cancelled his plans to conduct wedding ceremonies March 6, stating on March 5, “This is a critical moment in the birth of a movement and it is important to find potential allies. I have been in constant conversation with the office of the Attorney General and those conversations will continue next week. To create an atmosphere for positive discussions I have decided to postpone the solemnizing of same-sex marriages tomorrow. I intend to advocate as strongly as I can to persuade the Attorney General to join forces with our cause.” Days later, an injunction was issued prohibiting West from performing same-sex marriages.

Ceremonies Continue

But while West was stopped, the controversial marriage ceremonies of New Paltz were not: Two Unitarian ministers married more than a dozen lesbian couples in town that weekend, with more same-sex marriages being performed the following weekend. The two ministers were slapped with criminal charges March 15 by the Ulster County district attorney, to which they pleaded “not guilty.” Other ministers took up the challenge, marrying several more couples in New Paltz the following weekend.

Ithaca, home of Cornell and Ithaca College, was the second municipality to jump on the bandwagon, when Mayor Carolyn Peterson announced on Monday, March 1, that the city clerk would begin accepting applications for marriage licenses from gay couples. These would be forwarded to the state's Department of Health for a ruling on whether the licenses could be issued. Peterson explained that she chose this route because, without licenses, marriages performed in New York are not valid. Peterson also announced that if the health department denied the licenses to same-sex couples, the city and its attorney would help fight that decision in court. The mayor of Nyack, John Shields, announced on March 3 that he too would soon perform marriage ceremonies for same-sex couples. Shields, who is openly gay, then attempted to obtain a marriage license for himself and his partner, but was denied. He pledged to sue the state.

In a suit filed March 5, a same-sex couple claimed violation of their constitutional rights when they were denied a marriage license in New York City March 4. A handful of couples were later married on the courthouse steps

New York State's Attorney General's office issued an opinion concluding that under the present law, marriage licenses cannot be granted to same-sex couples. The written opinion noted that although nothing in the state's law specifically mentions barring same-sex marriages, the legislative history of the marriage laws indicates that only marriages between one man and one woman had been contemplated at the time of enactment. The Attorney General's Office's opinion did, however, note that courts might well find the marriage laws to be contrary to the state's constitution, which bars gender-based classifications absent a compelling state interest. Such interests might include promotion of the traditional concept of marriage as a union of one man and one woman, but New York's legal recognition in various contexts of same-sex unions could undermine any such argument. Spitzer has opined that the state would likely recognize same-sex marriages legally solemnized in other jurisdictions.

Conclusion

With the solemnization of at least 25 same-sex marriages by Mayor West, lawsuits filed around the state for failure to grant marriage licenses, and members of the clergy being prosecuted for performing marriage rites, the opportunity for a challenge to the current state of New York matrimonial law in the court system has arrived. As a state with one of the highest populations of gay and lesbian voters in the nation, it had seemed odd that the issue never came up for official action before. Now, for the first time, New Yorkers are going to have to deal with the question of the validity of same-sex marriage head-on.