Charges over gay marriages against mayor dropped

By MICHAEL HILL
The Associated Press

June 10, 2004, 3:29 PM EDT

ALBANY, N.Y. -- A town judge on Thursday dismissed criminal charges against New Paltz Mayor Jason West for marrying gay couples.

Barring an appeal, the ruling spares West the possibility of fines or jail time for marrying more than two dozen same-sex couples on Feb. 27, drawing the Hudson Valley village of New Paltz into the growing national debate on same-sex unions.

However, West remains permanently barred from marrying same-sex couples under an order issued earlier this week by a separate judge hearing a civil case against the 27-year-old mayor.

West and his lawyer characterized Thursday's decision from New Paltz Town Court Justice Jonathan Katz as a major victory for gay rights. Attorney E. Joshua Rosenkranz said it was the first time a court New York has ruled that same-sex couples have the same rights as heterosexual couples.

"If history is any guide, this is the beginning of an unstoppable trend in New York," Rosenkranz said.

He believed other courts considering the constitutionality of gay marriage will look at Katz's decision.

Ulster County District Attorney Donald Williams did not immediately return a call seeking comment on whether he would appeal.

West faced 19 misdemeanor counts of solemnizing marriages for couples without a license. If convicted, he could have faced up to a year in jail.
Copyright © 2004, The Associated Press

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First Same-Sex Marriage Ruling in New York State

NEW PALTZ, N.Y., June 10 /PRNewswire/ -- The following is being issued by Heller Ehrman White & McAuliffe LLP:

"This marks the first official step in the march toward full equality for gays and lesbians in New York State. The court has ruled that same-sex couples have not just some of the same rights, and a modicum of legal protection from
blatant discrimination, but full equality in the eyes of the law. It is the first time that any court in this state has declared that same-sex couples have the same rights, same status, and same dignity as every other citizen. If
history is any guide, this is the beginning of an unstoppable trend in New York."

-- E. Joshua Rosenkranz, Heller Ehrman White & McAuliffe LLP

"Even if the financial issues could be addressed in some comprehensive way
short of allowing same-sex partners to marry, there would still be no emotional substitute for marriage."
"We must be ever on our guard lest we erect our prejudices into legal
principles."

-- Honorable Jonathan D. Katz

WHO: Attorney E. Joshua Rosenkranz
-- Attorney Josh Rosenkranz is representing Mayor West in connection with
the Mayor's officiating and solemnizing of same-sex marriages.

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N.Y. PERMANENT INJUNCTION -- The controversial mayor of New Paltz, N.Y. was issued a permanent injunction June 7 that prevents him from presiding over any more same-sex "marriages."

Ulster County Judge E. Michael Kavanagh issued the injunction to Mayor Jason West, asserting that West's willful disobedience of the law "has profound and unsettling implications."

In February, West presided over more than 20 same-sex "marriages" despite the fact that the clerk refused to issue any marriage licenses. Liberty Counsel sued West, and a temporary injunction subsequently was issued. Kavanagh's order extends that injunction.

Liberty Counsel is representing Robert Hebel, a member of the New Paltz board of trustees.

"All mayors throughout the United States should be on notice," Liberty Counsel President Mathew Staver said in a statement. "An attempt to disregard the plain law of the land by elected officials should be viewed for what it is -- illegal activity that must be brought to justice."

Kavanagh seemed to agree.

"[West's action], if accepted, would mean that the mayor is a law unto himself and would in certain circumstances have power that is simply incompatible with a democratic form of government based on the rule of law."

Although New York does not have a defense of marriage act explicitly banning same-sex "marriage," state law does include references to the "bride" and "groom."

West is a member of the liberal Green Party.

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Trustee plans 'phase two' against West

By Jeremiah Horrigan
Times Herald-Record
jhorrigan (at) th-record.com

New Paltz – In the wake of a successful bid to permanently prevent Mayor Jason West from performing same-sex marriages, village Trustee Bob Hebel's next plan is to remove Jason West permanently from office.
The conservative Christian law firm representing Hebel intends to file a rare removal petition in state court within the next four to six weeks, according to the head of the Orlando-based Liberty Counsel.
In addition, the firm, Liberty Counsel, will file a motion asking that West be made personally responsible for paying the firm's legal expenses, which Executive Director Matt Stavers estimates could run as high as $50,000.
An astonished West dissolved into laughter when informed of the firm's intentions.
"Wow – you've got to be kidding. That is so funny."
West denounced both the Liberty Counsel as "bigots" and Hebel for being "either an idiot or a liar" in accepting the firm's legal efforts to remove him from office.
"I'm appalled that Bob Hebel could show such contempt for the democratic process by seeking my removal through the courts," West said.
The removal petition, made possible through the Liberty Counsel's free legal help, was a godsend to Hebel in the days following the mayor's famous gay marriage ceremonies in February.
Hebel had been talking about "impeaching" West since January, when the mayor first started talking about making his part-time position full time.
A Liberty Counsel lawyer who learned Hebel was at loggerheads with West asked him to use his name to request for a restraining order that was ultimately granted on Monday by State Supreme Court Judge Michael Kavanagh.
"I'm not going to gloat, I knew it would happen this way," Hebel said after the decision. "Now it's time for phase two."
That next step is the removal petition, a rare legal proceeding in which the state's Appellate Court in Albany will be asked to decide whether West is fit to remain in office.
Ed Carey, assistant deputy clerk to the court, said he couldn't remember the last time anyone had filed a removal petition in the court's Albany jurisdiction, let alone when one had been granted.
West said that by aligning himself with Liberty Counsel, which is part of Falwell Ministries, Hebel was being "a hypocrite" when he denies being opposed to gay marriage.
"These people are representing him, and they're saying the most abhorrently anti-gay things in their court papers," West said. "If he knows this, he's a liar. If he doesn't, then he's an idiot."
Hebel contends Liberty Counsel doesn't represent his views on gay marriage, only on the issue of West's competence and his willingness to allegedly violate the law.
"I'm not bigoted on this issue; they're not arguing on my behalf. It starts with his breaking the law and goes from there," he said.