Poughkeepsie Journal

Friday, May 21, 2004

New Paltz names marriage officer
West's deputy says she will follow law
By Gabriel J. Wasserman
Poughkeepsie Journal

NEW PALTZ -- Rebecca Rotzler, the village's deputy mayor, is now empowered to conduct wedding ceremonies.

And while Trustee Bob Hebel is convinced the deputy mayor intends to follow Mayor Jason West's lead and officiate at same-sex weddings, Rotzler said her ''only commitment'' is to wed a heterosexual couple.

Hebel cast the lone vote of dissent Wednesday night as the village board authorized Rotzler to serve as a marriage officer. Such an officer must ''follow the laws of New York state,'' Village Attorney Spencer McLaughlin advised the board.

''You're going to follow the laws, right?'' West asked Rotzler.

''Oh yeah,'' replied the deputy mayor, whose application letter cites only ''the opportunity to officiate at a ceremony to be held in the village during June.''

Hebel, who already has petitioned the courts to bar West from presiding over same-sex marriages, said he will ask his lawyers to seek a restraining order against Rotzler.

Mayor faces charges

West also is charged with violating state law by marrying 24 same-sex couples. Such couples can't get state licenses, a situation the mayor claims is his legal duty to remedy. He has pleaded not guilty on 24 misdemeanor counts of ''solemnizing a marriage without a license.''

Rotzler has supported West and the ministers who took over for him in marrying same-sex couples -- a civil rights initiative that has drawn international media attention to New Paltz.

She said she can't comment on Hebel's concerns until she has an opportunity to converse with him about them.

A 42-year-old single mother, Rotzler told the village board she ''personally would never'' marry, but has friends who wish to get married.

Ulster County District Attorney Donald Williams confirmed he has spoken with Hebel about the matter, but ''we just can't deal with speculations,'' he said.

''I'm not privy to the operation of her mind,'' he added. ''Everyone, including the deputy mayor, is on notice regarding the law.''

Williams and New Paltz town police officials gave West a written warning shortly before he officiated at same-sex marriages outside village hall. A warning is unnecessary for Rotzler, Williams said, because she surely knows ''the position of this office.''

If she claims ignorance, he added, ''It would be at a minimum disingenuous.''

Under the state's Domestic Relations Law, the governing boards of villages, towns and cities can appoint marriage officers to solemnize unions. Serving at the board's pleasure, a marriage officer must be at least 18 years old and live in the municipality where the marriage takes place.

The required state licenses are only available from town and city clerks -- not village clerks.

New Paltz Town Clerk Marian Cappillino, following a state health department interpretation of the law's reference to ''bride'' and ''groom,'' does not issue licenses to same-sex couples.

At the town level, marriage officers have been under consideration as a way to dissipate crowds and thus reduce costs associated with mass weddings. High-profile ceremonies for same-sex couples in the village have led, directly or indirectly, to town police costs calculated at more than $13,000.

Town board members have worried the appointment of marriage officers might lead to additional legal liabilities if the officers conduct unlicensed ceremonies. Gathering legal advice on the matter, the town board is tentatively scheduled to discuss options May 27.

On the Web

To view the text of New York Domestic Relations Law, visit www.assembly.state.ny.us/leg/?cl=29&a=4