Poughkeepsie Journal

Friday, June 25, 2004
Judge halts gay vows
By Nik Bonopartis, Gabriel J. Wasserman
Poughkeepsie Journal

NEW PALTZ -- State Supreme Court Judge Michael Kavanagh has temporarily banned village trustees and their representatives from performing any same-sex marriage.

The court order was signed Thursday in response to Trustee Robert Hebel's request. It specifically forbids the other four trustees and any designated ''marriage officer'' from attempting to certify unlicensed weddings -- at least until July 19.

That's when opposing arguments are due in writing at the state Supreme Court in Kingston. The judicial system had yet to assign a judge to the case at the close of business Thursday.

A standard state protocol is required for certifying marriages under New York Domestic Relations Law. The state's towns and cities -- not villages -- are empowered to issue marriage documents in accordance with this protocol.

New Paltz Town Clerk Marian Cappillino said she will continue to deny gay couples the paperwork. She cites the law's references to ''bride'' and ''groom'' and a state health department prohibition on interpreting those terms loosely.

''The law specifically lists the grounds on which a marriage can be voided. Same gender is not one of the grounds,'' countered civil-rights lawyer E. Joshua Rosenkranz Thursday. Based in New York City, he represents New Paltz same-sex marriage activists pro bono.

Into the spotlight

Along with other gay rights debates across the country, the New Paltz marriage controversy has cast this village of 6,000 into the national spotlight since late February, when Mayor Jason West conducted 24 same-sex weddings next to village hall.

Kavanagh made a March 5 restraining order permanent in a June 7 ruling. His new order Thursday temporarily bans the mayor, the other trustees ''and all others acting on their behalf'' from conducting weddings without ''a duly issued marriage license.''

Clergy are unaffected by the order, but Hebel said his legal team ''will follow up with the ministers'' in a subsequent suit.

Hebel is also seeking to invalidate all same-sex weddings conducted in New Paltz. This request is scheduled to be reviewed by the Supreme Court following the July 19 response deadline.

''The news here is not that Mr. Hebel secured an order from the same judge, reiterating the same order that marriages cannot be performed without a license,'' Rosenkranz said.

''The news is that Mr. Hebel is now filing a lawsuit seeking to invalidate marriages of his own constituents, after swearing up and down that he is not against gay marriage,'' Rosenkranz said.

Same-sex weddings will continue locally, said James Fallarino, spokesman for the grassroots New Paltz Equality Initiative. NPEI has recorded 170 same-sex weddings since early March, using various clergy to officiate.

''They haven't figured out a way to stop the ministers yet,'' Fallarino said. ''We will move on.''

The next same-sex weddings are set for noon July 10 at NPEI headquarters, Lefevre House Bed and Breakfast off Southside Avenue. There are no plans for village officials to officiate.

Paul Larrabee, spokesman for state Attorney General Eliot Spitzer, said his office must study the restraining order before commenting on the potential consequences for defiance.

Trustee Julia Walsh conducted same-sex weddings at the bed-and-breakfast June 17, a day after the village board appointed her a marriage officer by a 3-2 vote. She performed several more Saturday, but has said she'll stop if a restraining order is issued.

Deputy Mayor Rebecca Rotzler, the village's other appointed marriage officer, conducted one same-sex marriage June 17. She, West and Walsh comprise a Green Party board majority which took office a year ago, stunning village conservatives.

Trustee Michael Zierler, a political ally of the three, has not conducted any same-sex weddings. He voted against the appointment of Walsh as a marriage officer.

But, he said, ''I admire her courage to take a risk for a cause she believes in.''

Lawyer choice criticized

Hebel continues to receive criticism, meanwhile, for his choice of law firm. Green Party activists have accused Florida-based Liberty Counsel of promoting an anti-gay agenda.

''I have nothing against alternative lifestyles,'' said Hebel, who is being represented pro bono. ''The law should be changed.''

Until it is, he maintains it should be followed, especially by elected officials who have taken vows to uphold it.

West and his representatives have argued same-sex marriages uphold constitutional equal-rights protections which trump state Domestic Relations Law.

On June 10, town Judge Jonathan Katz threw out Ulster County District Attorney Donald Williams' misdemeanor case against West. The state has no legitimate interest in enforcing licensing requirements that discriminate against same-sex couples, he ruled.

Williams is appealing. Citing strain on his office and more serious crimes to prosecute, he has called West's criminal case one of two ''test cases'' for solemnizing unlicensed marriages. The other is pending against two ministers who performed similar ceremonies.

Oral arguments are scheduled for 2 p.m. today in the case against Unitarian Universalist ministers Kay Greenleaf of Poughkeepsie and Dawn Sangrey of Bedford Hills, Westchester County.

Gabriel J. Wasserman can be reached at gwasserm@poughkeepsiejournal.com