Mayor faces charges for marrying gays

[rodbarnett]

Four days after presiding over a slew of same sex marriages in his quaint Hudson Valley village, the mayor of New Paltz today was charged with 19 violations of New York's domestic relations law, injecting the debate over gay marriages in the state with increasing drama and urgency.

Jason West, 26-year-old Green Party mayor, was ordered to appear in court Wednesday to answer charges that he broke state law by solomizing about two dozen weddings without a marriage license, according to New Paltz police and West's lawyer.

Chief Raymond Zappone said he and a lieutenant from the town police served a 19-count summons to West Tuesday afternoon and that the mayor faces up a $500 fine and a year in jail for his actions which have attracted international attention and brought the fight over gay marriages squarely into New York.

The actions come as West is planning to hold more ceremonies this weekend and with other officials around the state considering similar actions. It also coincides with increasing pressure on State Attorney General Eliot Spitzer, who last week refused a call by the governor to prevent and nullify the marriages, to step in and issue some clarifying words on the complex legal issues at play.

http://www.newsday.com/news/local/state/ny-stgay0302,0,1055677,print.story?coll=ny-top-span-headlines

[mike1963]

1. He explained state law quite clearly last night on an interview (forget

where)...I don't think he's in any serious danger...

[ithacan]

2. this is why Ithaca has taken a different path

Rather than having the city clerk (who is the only one legally able to issue licenses) issue them, the city of Ithaca is accepting applications, sending them on to Albany, to the Dept of Health, which has authority over marriage licenses.

If/When the Dept of Health rejects them, Ithaca will be party to legal moves to challenge the current regulation limiting marriage to opposite sex partners...

Peterson defers to state
Mayor vows city's support for same-sex partners
The Ithaca Journal
March 2, 2004

By ROGER DuPUIS II
Journal Staff

<snip>
A new policy announced by the City of Ithaca Monday is aimed at pressuring New York's lawmakers to re-examine the state's laws in an effort to permit same-sex marriages. Unlike officials in New Paltz and San Francisco, however, the City of Ithaca has no plans to start issuing marriage licenses or performing gay marriage ceremonies.

Under the policy, same-sex marriage license applications will be accepted by the City Clerk's office, Mayor Carolyn Peterson said. But the state health department does not allow city clerks to issue marriage licenses to same-sex couples, so the clerk's office will forward all applications to the health department for individual review.

"If there is a lawsuit brought by (anyone) who is denied a license by the state of New York, the city will join with you in the lawsuit in seeking to overturn that decision," city Attorney Martin A. Luster said Monday.
<more>
http://www.theithacajournal.com/news/stories/20040302/localnews/53562.html

[blm]

3. It will be interesting to see what Spitzer has to say about the legalities

involved. I'll bet whatever he comes up with will be the best approach to take. I think the left has to figure out the best way to make our goals happen.

[ithacan]

4. Here's what Spitzer has to say now:

http://www.nydailynews.com/front/story/169628p-148113c.html
NY Daily News
March 2, 2004

Spitzer comes out for gays

By JOE MAHONEY
DAILY NEWS ALBANY BUREAU CHIEF

ALBANY - State Attorney General Eliot Spitzer declared yesterday that same-sex couples should be allowed to wed - openly defying Gov. Pataki's stance on the controversial issue.

"I have no problem with gay marriage," Spitzer told the Daily News. "I think the law has moved to a point where people are comfortable that can be extended to people of the same sex," he said.

The comments from Spitzer, a Democrat, make him the highest-ranking public official in New York to back gay marriage.

Pataki had directed Spitzer last week to go to court to stop the same-sex weddings that were being performed by New Paltz's maverick mayor, Jason West.

<snip>

EDITED BY ADMIN: COPYRIGHT

[Moderator]

10. ithacan

Per DU copyright rules
please post only four
paragraphs from the
news source.

Thank you


DU Moderator

[David Zephyr]

5. Jason West For Governor of New York!

Greens show Democrats what courage looks like.

[Johnyawl]

12. I believe a Democrat has been leading the way.

Props to Jason West for having the courage to follow Gavin Newsom's(D) lead, on this all important issue.

[Cooley Hurd]

6. Background: Ulster Co DA is a repug (Pataki) appointee...

http://www.state.ny.us/governor/press/year99/feb18_99.htm

Governor George E. Pataki today announced he has appointed Donald A. Williams Jr. of Kingston as Ulster County District Attorney. DA Williams replaces E. Michael Kavanagh, who resigned to become a Supreme Court Justice for the Third Judicial District.

DA Williams were found highly qualified by the Governor's Committee to Evaluate and Recommend Candidates for Appointment as Interim District Attorney or Sheriff.

"Don William's impressive legal credentials and his 16 years of experience make him the best choice to take over as Ulster County District Attorney," Governor Pataki said. "Don's sharp legal mind combined with his tenacity and dedication will ably protect the residents of Ulster County."

Mr. Williams has served since 1983 as the Chief Assistant District Attorney for Ulster County, where he has supervised a staff of more than 18 lawyers and overseen the prosecution of more than 5,000 felonies. He has been Acting District Attorney since January.

As Chief Assistant District Attorney, Mr. Williams was the lead prosecutor in New York State's first capital murder prosecution since the reinstatement of the death penalty in the case of People v. Larry Whitehurst.

From 1979 to 1983, Mr. Williams served as an Ulster County Assistant District Attorney. Mr. Williams received a bachelor's degree in 1975 from Seton Hall University and his law degree in 1978 from Albany Law School of Union College.

[ManneredChild]

7. Gay marriage need to be pushed to the limits

It will flush out the bigots and force Americans to make a choice who leads America into the future. Married gays with children in tow while strolling among breeders will become as common as just another day in the life of the average citizen. Push and push hard until the bigots give up.

[newyawker99]

11. Hi ManneredChild!!

Welcome to DU!! :toast:

[David__77]

8. Wow, I'm confused about this.

In one part of statute, it says that a mayor can marry people without a license so long as they obtain it within six months. Perhaps somewhere else it mentions a penalty to the one officiating the wedding.

[David__77]

9. Spitzer will declare same gender marriages legal (I think!)

I'm pretty confident that within a week Spitzer will say that NY law already allows these marriages. This will get interesting. I very much hope that Speaker Sheldon stops any legislation aimed at stopping this in the case that Spitzer makes this ruling.