N.Y. Court Rules Mayor Will Face Trial (re: Gay Marriage)

[brooklynite]

ALBANY, N.Y. - The village mayor who challenged New York law by attempting to marry gay couples will face trial, the state's highest court ruled Friday.

New Paltz Mayor Jason West faces 24 misdemeanor counts of violating the state's domestic relations law by marrying couples without marriage licenses last year.

West's gesture, which state officials say defied state law, came amid a flurry of efforts in various states to enact gay weddings after San Francisco Mayor Gavin Newsom allowed gay couples there to wed in February 2004. Those efforts have largely been put on hold by the courts.

The state Court of Appeals on Friday refused West's request to hear arguments on gay marriage first, avoiding the usual process of having his case tried locally and then appealed. West had argued that the high court should take up the issue now because the case was unique, novel and critical to the state.

http://news.yahoo.com/news?tmpl=story&cid=533&e=5&u=/ap/20050527/ap_on_re_us/gay_marriage_ny
- - -
I'd like to think this was another attempt to use the trial format to invalidate the law, but unfortunately this is a serious criminal prosecution.

At least the "sanctity of marriage" will be safe...

[Demit]

1. He's arguing equal protection--I hope he has a shot.

"...West has maintained he was upholding the gay couples' constitutional rights to equal protection — and thus his oath of office — by allowing them to wed in the Hudson Valley college town in late February 2004. ..."

The ADA says he's going to stand trial. It just seems so ridiculous.

[LynzM]

2. New Paltz is a cool place....

I didn't realize that this had happened there, but good for him. Sucks that he is going to be prosecuted for it, IMO.

[unblock]

3. i thought public officials couldn't be tried for official acts

all a court has to do is invalidate the marriages if that's the decision. there's no case of prosecuting someone for performing a ceremony he's not legally empowered to do, you just point out that it carried no legal authority and you're done with it.

oh, right, we're dealing with banana republicans, i forgot for a minute.

[brooklynite]

4. Immunity from prosecution...

applies at the Federal level, not local.

[Moderator]

5. kick to combine

[dissent1977]

6. N.Y. Court Rules Mayor Will Face Trial (For allowing gays to marry)

ALBANY, N.Y. - The village mayor who challenged New York law by attempting to marry gay couples last year will face trial, the state's highest court ruled Friday.

<snip>

New Paltz, N.Y., Mayor Jason West faces 24 misdemeanor counts of violating the state's domestic relations law by marrying couples without licenses in late February 2004. He faces fines and up to a year in jail if convicted.

West's actions came amid a flurry of efforts in various states to wed gay couples after San Francisco Mayor Gavin Newsom allowed gay couples there to marry in February 2004. Those efforts have largely been put on hold by the courts.

West has maintained he was upholding the gay couples' constitutional rights to equal protection — and thus his oath of office — by allowing them to wed in the Hudson Valley college town in late February 2004.

More: http://news.yahoo.com/s/ap/20050528/ap_on_re_us/gay_marriage_ny;_ylt=AjiSms.2XWfrrj9jJ4Rv8oFp24cA;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl

[Auntie Bush]

7. Glad to see our tax dollars put to good use protecting us from

that evil mayor who had the gall to marry all those couples who want to be together and have equal rights. Yeah, another criminal off the streets! Glad to know where my hard earned tax dollars are going!
I really feel much safer!

[daleo]

8. He sounds like a brave man.

This sort of thing has happened to progressives who took a stand on discrimination in the past too.