March 04, 2004

West vows to do more gay marriages
New Paltz mayor unfazed by Spitzer belief
By Jeremiah Horrigan
Times Herald-Record
jhorrigan@th-record.com

New Paltz – Last week, it was "I do." Last night, it was "not guilty."

Jason West, the first mayor to wed gay couples in New York state, became the first New Paltz mayor to be arrested on criminal charges. After his arraignment last night, he promised hundreds of cheering supporters that he would continue performing gay marriages on Saturday.

That promise sets him on a collision course with Ulster County District Attorney Donald Williams, who said yesterday that if the same-sex marriages continue, he will study options to stop them. While he wouldn't say what those options might be, he didn't rule out putting West in jail.

West's actions also drew the attention of a conservative litigation organization in Florida called Liberty Counsel, which says it intends to ask for a temporary restraining order today that would prevent West from performing more marriages. The group has been active in arguing against gay marriage in San Francisco.

Joshua Rosenkranz, the New York lawyer who heads West's emerging legal team, said he will argue that the group's motion won't meet the legal standards of "irreparable harm" resulting from the gay marriages.

It took about three minutes for New Paltz Town Justice Jonathan Katz to arrange for further arguments that will take the case into mid-April. Then, in what seemed an afterthought, Katz asked West if he wanted to plead. West, 26, stood ramrod straight and said, "not guilty."

It was a day of tumultuous political and legal wrangling that began quietly in Village Hall and ended with West, his arms thrust in the air, standing like a television evangelist shouting his intentions into the harsh white lights of the television crews and the roar of the crowd.

West left the crowd screaming for more when he declared that "marriage is the act of making public what's already written on two people's hearts."

There were no people protesting against gay marriage at the event, which was closely managed by 18 full- and part-time New Paltz police officers.

As the rally began to break up shortly after 7 p.m., West became a village mayor again and joined the rest of the Village Board at its regularly scheduled workshop meeting.

The day began with West meeting with Nyack Mayor John Shields in Village Hall. Shields said he would begin performing gay "solemnizations" this week, but later backed off from that promise and talked about filing a class-action suit against the state instead.

While West was waiting to testify in Albany about the issue before a state Senate committee hearing, state Attorney General Eliot Spitzer issued a legal opinion saying state law prohibits issuing marriage licenses to same-sex couples.

West later said he was disappointed by Spitzer's opinion; Rosenkranz dismissed it, saying "that's why they call it an opinion."

The Liberty Counsel came looking for an Ulster County resident to join their effort. Gena Lindevaldsen, a lawyer for the group, said she came up with Village Trustee Bob Hebel's name.

West said he wasn't surprised at Hebel's involvement, since Hebel has said he'd like to see the young Green Party mayor in handcuffs.

Staff writer Paul Brooks contributed to this report.