New Paltz Mayor Issued Permanent Injunction

On June 7, Ulster County Supreme Court Judge E. Michael Kavanagh issued an order permanently enjoining Mayor Jason West of New Paltz from officiating at same-sex weddings until such time as state law is changed to allow such marriages. This was the nation's first permanent injunction against a public official's officiating at these cermonies. A few days later, on June 10, Judge Jonathan Katz of Town Court dismissed the 19 criminal charges brought against the Mayor for his actions.

History of the Case

In late February, West, following the wave of civil disobedience that crossed the nation after the city of San Francisco began issuing marriage licenses to same-sex couples in contravention of California code, joined approximately two dozen same-sex partners in marriage in ceremonies conducted in front of New Paltz's town hall. West asserted that his actions were prompted by his oath to uphold New York's constitution, which states that no person “shall be denied the equal protection of the law of this state.” New Paltz's town clerk had refused to issue marriage licenses to the gay couples that applied, a violation, West claimed, of their state constitutional rights.

Within days of presiding over the controversial marriage ceremonies, West was slapped with criminal charges on the grounds that he had married couples that had not, in accordance with New York law, obtained marriage licenses. Then, New Paltz Village Trustee Robert Hebel, with the help of Liberty Counsel (a group that intends to “aggressively defend attacks against marriage,” according to its Web site) brought suit seeking to bar West from performing any further same-sex marriages. The court in that case granted a temporary restraining order pending final outcome. West was thus forced to back down on his publicly made promise to preside over more same-sex marriages the following weekend.

While he awaited decision on a permanent injunction, several Unitarian clergy members continued West's crusade, officiating at license-less same-sex weddings in the New Paltz. Two of the ministers who solemnized these unions were also charged with misdemeanor violations. Despite this, such weddings continue to be performed in New Paltz, and no more charges have been filed against those taking part.

The Ruling

Judge Kavanah's June 7 ruling declined to reach the constitutional elements of West's argument and was based solely on the law's prohibition against marrying couples that have not first obtained marriage licenses. The judge held that as a public official, the Mayor had the duty to uphold the law, which says marriages should not be performed without a license, and licenses can be issued only by town clerks, not mayors. The court was not impressed with West's unilateral decision that the application of state law in these instances was unconstitutional. West's attorney, E. Joshua Rosenkranz of Heller Ehrman White & McAuliffe LLP in New York, says his client will appeal the ruling.

Conversely, the judge who dispensed with the criminal charges against Mayor West based his decision solely on state and federal constitutional issues. Judge Katz found that the provisions of state law on the issuance of marriage licenses that prevent same-sex couples from obtaining them unconstitutionally deprives such applicants of their right to equal protection. West successfully argued that New York law has recently evolved to uphold the rights of gays to adopt and to collect death benefits when their partners are killed. He convinced the court that these expansions of interpretations of New York law that have conferred new rights on gay citizens in other settings should be extended to the right to obtain marriage licenses. The court, noting that New York now recognizes gay partners' rights on many levels, found that the state had evidenced an intention to outlaw discrimination based on sexual preference and that it therefore had no constitutionally adequate compelling state interest in preserving the traditional institution of marriage as a union of one man and one woman. Following this reasoning, Judge Katz found Mayor West had committed no crime by marrying couples who had been unlawfully denied the marriage licenses that are usually required before marriage.

Followup

Following the decision on the permanent injunction, the Poughkeepsie Journal reported Village Trustee Hebel and his attorneys planed to file papers seeking Mayor West's impeachment within the coming weeks. The basis for their case: improper use of municipal funds to promote the commission of illegal acts. With the dismissal of the criminal charges, the question becomes whether West indeed committed any illegal acts. Because the district attorney has said he plans to appeal the dismissal of the criminal charges against West to county court, that question is still up in the air.

On June 7, Ulster County Supreme Court Judge E. Michael Kavanagh issued an order permanently enjoining Mayor Jason West of New Paltz from officiating at same-sex weddings until such time as state law is changed to allow such marriages. This was the nation's first permanent injunction against a public official's officiating at these cermonies. A few days later, on June 10, Judge Jonathan Katz of Town Court dismissed the 19 criminal charges brought against the Mayor for his actions.

History of the Case

In late February, West, following the wave of civil disobedience that crossed the nation after the city of San Francisco began issuing marriage licenses to same-sex couples in contravention of California code, joined approximately two dozen same-sex partners in marriage in ceremonies conducted in front of New Paltz's town hall. West asserted that his actions were prompted by his oath to uphold New York's constitution, which states that no person “shall be denied the equal protection of the law of this state.” New Paltz's town clerk had refused to issue marriage licenses to the gay couples that applied, a violation, West claimed, of their state constitutional rights.

Within days of presiding over the controversial marriage ceremonies, West was slapped with criminal charges on the grounds that he had married couples that had not, in accordance with New York law, obtained marriage licenses. Then, New Paltz Village Trustee Robert Hebel, with the help of Liberty Counsel (a group that intends to “aggressively defend attacks against marriage,” according to its Web site) brought suit seeking to bar West from performing any further same-sex marriages. The court in that case granted a temporary restraining order pending final outcome. West was thus forced to back down on his publicly made promise to preside over more same-sex marriages the following weekend.

While he awaited decision on a permanent injunction, several Unitarian clergy members continued West's crusade, officiating at license-less same-sex weddings in the New Paltz. Two of the ministers who solemnized these unions were also charged with misdemeanor violations. Despite this, such weddings continue to be performed in New Paltz, and no more charges have been filed against those taking part.

The Ruling

Judge Kavanah's June 7 ruling declined to reach the constitutional elements of West's argument and was based solely on the law's prohibition against marrying couples that have not first obtained marriage licenses. The judge held that as a public official, the Mayor had the duty to uphold the law, which says marriages should not be performed without a license, and licenses can be issued only by town clerks, not mayors. The court was not impressed with West's unilateral decision that the application of state law in these instances was unconstitutional. West's attorney, E. Joshua Rosenkranz of Heller Ehrman White & McAuliffe LLP in New York, says his client will appeal the ruling.

Conversely, the judge who dispensed with the criminal charges against Mayor West based his decision solely on state and federal constitutional issues. Judge Katz found that the provisions of state law on the issuance of marriage licenses that prevent same-sex couples from obtaining them unconstitutionally deprives such applicants of their right to equal protection. West successfully argued that New York law has recently evolved to uphold the rights of gays to adopt and to collect death benefits when their partners are killed. He convinced the court that these expansions of interpretations of New York law that have conferred new rights on gay citizens in other settings should be extended to the right to obtain marriage licenses. The court, noting that New York now recognizes gay partners' rights on many levels, found that the state had evidenced an intention to outlaw discrimination based on sexual preference and that it therefore had no constitutionally adequate compelling state interest in preserving the traditional institution of marriage as a union of one man and one woman. Following this reasoning, Judge Katz found Mayor West had committed no crime by marrying couples who had been unlawfully denied the marriage licenses that are usually required before marriage.

Followup

Following the decision on the permanent injunction, the Poughkeepsie Journal reported Village Trustee Hebel and his attorneys planed to file papers seeking Mayor West's impeachment within the coming weeks. The basis for their case: improper use of municipal funds to promote the commission of illegal acts. With the dismissal of the criminal charges, the question becomes whether West indeed committed any illegal acts. Because the district attorney has said he plans to appeal the dismissal of the criminal charges against West to county court, that question is still up in the air.