GREENS CALL FOR SUPPORT FOR NEW PALTZ, N.Y. MAYOR
JASON WEST


WASHINGTON, D.C. -- Greens called for national
support for Mayor Jason West of New Paltz, New
York after misdemeanor charges were reinstated
against him on Wednesday for solemnizing more
than two dozen same-sex marriages. Mayor West, a
member of the Green Party, faces up to a year in
jail if convicted.

"We urge everyone who supports basic American
values of freedom, equality, and human rights to
protest the decision of an Ulster County judge
and prosecutors to press these charges against
Jason," said Marc Sanson, co-chair of the Green
Party of the United States. "This is a conflict
between an elected official acting on his
conscience and some public officials and
rightwing activists who confuse their own bigotry
with moral values. The charges serve no legal
purpose, except to vilify same-sex couples and
anyone who supports their rights. We will do all
we can to assist Jason."

Green Party members noted that the charges were
announced on the same day that President Bush, in
his 2005 State of the Union address, repeated his
endorsement of a "constitutional amendment to
protect the institution of marriage", i.e. to
outlaw same-sex marriages nationally and restrict
the rights of gay, lesbian, and bisexual
Americans.

"Mayor West has asserted that he had a
responsibility according to the U.S.
Constitution, which guarantees equal protection
under the law and freedom of religion, to defy a
state law outlawing same-sex marriages," said
David Strand, the Lavender Green Caucus's
alternate delegate to the Green Party. "In
contrast, President Bush wants to remove equal
protection and religious freedom with the first
constitutional amendment ever to limit the rights
of a class of citizens. The coincidence of the
President's address and the reinstated charges
against Mayor West suggests a growing movement to
disenfranchise gay Americans."

In 2004, Justices Judith Reichler and Jonathan
Katz of New Paltz ruled it unconstitutional to
deny same-sex couples the right to marry in the
charges against Jason West and two Unitarian
Universalist ministers, Reverend Kay Greenleaf,
and Reverend Dawn Sangrey.

"I also performed a same-sex marriage by the
power vested in me by the State of New York which
also fullfills my oath to uphold the U.S.
Constitution and the Constitution of the State of
New York," said Rebecca Rotzler, Deputy Mayor of
the Village of New Paltz, also an elected Green.
"The fact that there is a continued effort to
undermine home rule as established by the New
Paltz courts and reinstate charges against Mayor
West while ignoring the actions of dozens and
dozens of members of clergy as well as myself
appears to be a categorical witchhunt. As
members of the Green Party, Jason West and I are
also obligated to uphold our party platform which
takes a firm stance for social justice and equal
rights for all."

The Green Party of the United States supports
full equal rights and protections, including
same-sex marriage rights, for gay, lesbian,
bisexual, transgendered, and intersex people, and
also supports the right of religious groups to
make their own decisions about religious
ceremonies and sacraments. Democratic Party
officials have recently considered a retreat from
gay rights, women's reproductive rights, and
other human rights and freedoms in the wake of
Republican victories in the 2004 election.

"We call Jason a hero and his case a landmark in
the movement for human rights for all," said
Starlene Rankin, Lavender Green Caucus delegate
to the national party. "We appeal to all
Americans -- including all fair-minded Democrats
and Republicans -- to join Greens in demanding
that the charges be dropped."


MORE INFORMATION

The Green Party of the United States
www.gp.org
1700 Connecticut Avenue NW, Suite 404
Washington, DC 20009.
202-319-7191, 866-41GREEN
Fax 202-319-7193

Lavender Green Caucus
www.lavendergreens.org


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Same-sex couples lose round in court
Judge rejects lawsuit, says state law doesn't give them fundamental right to marry

By MICHELE MORGAN BOLTON, Staff writer
First published: Friday, February 4, 2005

ALBANY -- A lawsuit filed by two Capital Region couples who want marriage licenses and legal recognition of their same-sex March weddings was rejected Thursday by a judge who said marriage for them is not a fundamental right.
Elissa Kane and Lynne Lekakis were married last year by the Rev. Sam Trumbore, a Unitarian Universalist minister in Albany who also married Robert Barnes and George Jurgastis.

But the couples were rebuffed when they tried to get marriage licenses from the Albany City Clerk's office. The four sued Albany and the state Health Department, claiming Domestic Relations Law is gender neutral and marriages without licenses are still legally binding.

Efforts to address the issue have stalled at the state Capitol.

On Thursday, state Supreme Court Justice E. Michael Kavanagh said state law doesn't specifically bar giving marriage licenses to same-sex couples; it just requires two people to be of age and legally competent.

But while the petitioners argue that times have changed -- and lawmakers aren't of the same mind as their 1909 predecessors who enacted the Domestic Relations Law, "the statute is replete with other references ... that this was, in fact, the intent that marriage be reserved for couples of the opposite sex," Kavanagh said.

A century ago, legislators didn't likely consider the concept of same-sex marriage, he said, "and with the impasse that exists within the Legislature ... one cannot really be certain as to what its present state of mind is."

New York has a legitimate interest in protecting and preserving historic institutions like marriage, he said, "... and it is simply not possible to view petitioner's desire to marry someone of the same sex as a fundamental right entitled to due process."

Attorney Terry Kindlon said he was obviously disappointed with Kavanagh's decision. "I think we were right when we started, and I still think we're right now," he said.

Kane and Lekakis will appeal, he said.

Neither Albany Corporation Counsel John Reilly nor Assistant Attorney General James B. McGowan, who defended the state, could be reached for comment.