Friday, December 10, 2004

Ban on conducting gay nuptials is final

New Paltz officials affected by order
By Larry Fisher-Hertz
Poughkeepsie Journal

A state judge has issued a permanent order banning Village of New Paltz officials from performing same-sex marriages.

Supreme Court Judge Michael Kavanagh had issued a temporary order last July prohibiting village officials from performing the marriage ceremonies. In a ruling dated Nov. 30, Kavanagh made that order permanent.

Kavanagh had earlier barred Mayor Jason West from officiating at same-sex marriages in a suit brought by Village Trustee Robert Hebel. The village board then appointed Deputy Mayor Rebecca Rotzler and Trustee Julia Walsh as marriage officers. Both subsequently performed several same-sex weddings.

The ruling permanently bans any village official from marrying couples who do not have valid licenses.

New Paltz Town Clerk Marian Cappillino has refused to issue marriage licenses to same-sex couples, citing the state Domestic Relations Law's references to ''bride'' and ''groom'' and a state health department prohibition on interpreting those terms loosely.

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

Hebel said Thursday he was pleased Kavanagh had upheld his argument that village officials should not perform marriage ceremonies for couples without licenses.

''From day one, I have not been opposed to gay marriage,'' the trustee said. ''The issue here, the only issue, is people need a license to get married. That's been the crux of this issue since last February.''

The legal battle began after West officiated at about two dozen same-sex marriages in the village Feb. 27. Since then, village officials and several ministers have performed nearly 300 such marriages there.

Hebel's attorney, Mathew Staver of Florida-based Liberty Counsel, said Kavanagh's ruling and other recent New York court rulings favorable to same-sex marriage opponents shows ''the battle to preserve traditional marriage is winnable.''

Rotzler said she was disappointed, but not surprised by Kavanagh's ruling.

''We anticipated it, and at some point soon I'll be meeting with my attorney to discuss an appeal,'' she said.

Larry Fisher-Hertz can be reached at lhertz@poughkeepsiejournal.com

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