News
Gay Marriage Gets Mayor Charged By DA
Published: Mar 03, 2004 - 03:55 PM
March 3, 2004 -- ALBANY - The maverick New Paltz mayor who performed New York's first gay weddings was charged yesterday with 19 misdemeanors for officiating at ceremonies for couples who did not obtain marriage licenses.
Ulster County District Attorney Don Williams filed the charges against Mayor Jason West in New Paltz Town Court yesterday, reaching the decision to prosecute after Attorney General Eliot Spitzer refused his request for an opinion on the matter.
Ulster County District Attorney Don Williams filed the charges against Mayor Jason West in New Paltz Town Court yesterday, reaching the decision to prosecute after Attorney General Eliot Spitzer refused his request for an opinion on the matter.
West, who last Friday married 25 gay and lesbian couples, was not arrested. Instead, he was served a summons to appear in court tonight.
The defiant mayor told The Post yesterday he will plead not guilty tonight and vowed to press on with another round of gay weddings this weekend. Williams said West will likely face additional charges if he does so.
The 26-year-old first-term mayor is charged with violating state Domestic Relations Law, which Williams says bars a mayor from "solemnizing" marriages for couples who did not obtain marriage licenses.
"The state has a legitimate interest in requiring marriage licenses to ensure that incestuous marriages are not occurring or to ensure a person is not already married," Williams said.
The New Paltz town clerk had refused to issue marriage licenses for the same-sex couples, saying state law prohibited that.
Williams is not seeking to invalidate the weddings West performed or argue that gay marriages are illegal in New York, saying Spitzer or Gov. Pataki must pursue those questions.
If found guilty on all counts, West faces a fine of up to $500 per violation or a total of up to two years in jail, although Williams said at this point he's not seeking jail time for the mayor.
Before the charges were filed, Pataki said state law does not permit homosexuals to marry in New York and that "it's clear to me [West is] breaking the law."
Spitzer, who has come under heavy criticism for dragging his feet on the issue, is expected to issue as soon as today his advisory opinion on whether the state constitution and laws allow for gay marriage. Spitzer personally favors gay marriage, but said that will not impact the opinion of his office.
He had no comment on Williams' action, other than to say it was within the DA's jurisdiction to bring charges.
The defiant mayor told The Post yesterday he will plead not guilty tonight and vowed to press on with another round of gay weddings this weekend. Williams said West will likely face additional charges if he does so.
The 26-year-old first-term mayor is charged with violating state Domestic Relations Law, which Williams says bars a mayor from "solemnizing" marriages for couples who did not obtain marriage licenses.
"The state has a legitimate interest in requiring marriage licenses to ensure that incestuous marriages are not occurring or to ensure a person is not already married," Williams said.
The New Paltz town clerk had refused to issue marriage licenses for the same-sex couples, saying state law prohibited that.
Williams is not seeking to invalidate the weddings West performed or argue that gay marriages are illegal in New York, saying Spitzer or Gov. Pataki must pursue those questions.
If found guilty on all counts, West faces a fine of up to $500 per violation or a total of up to two years in jail, although Williams said at this point he's not seeking jail time for the mayor.
Before the charges were filed, Pataki said state law does not permit homosexuals to marry in New York and that "it's clear to me [West is] breaking the law."
Spitzer, who has come under heavy criticism for dragging his feet on the issue, is expected to issue as soon as today his advisory opinion on whether the state constitution and laws allow for gay marriage. Spitzer personally favors gay marriage, but said that will not impact the opinion of his office.
He had no comment on Williams' action, other than to say it was within the DA's jurisdiction to bring charges.
