Court rebuffs same-sex marriage mayor

A New York state judge rejected an attempt to dismiss the case against a small-town mayor who performed same-sex "marriages" contrary to law.

Jason West, mayor of New Paltz, was sued by Florida-based Liberty Counsel on behalf of a member of his town's Board of Trustees, Robert Hebel, and will face a May 17 hearing.

On Feb. 27, West solemnized the marriages of 25 same-sex couples then created an "affidavit of marriage" and a "contract of marriage" he posted on the village's website.

The mayor said he was issuing these documents "in lieu of a certificate of marriage" because the town clerk refused to issue a license. West told reporters at the time he thought it was "funny" that he had provoked a fight, concluding, "This is the best day of my mayoral career."

In appearances on several national television programs, West insisted he had an "obligation" to break the law and had no intention of stopping, regardless of criminal charges and New York state Attorney General Eliot Spitzer's opinion that the same-sex marriages are illegal.

Last month, West appeared in court to plead not-guilty to a 19-count indictment brought by Ulster County District Attorney Donald Williams. On March 3, Judge Vincent Bradley of Ulster County issued a temporary restraining order in the Liberty Counsel suit.

Liberty Counsel also is a plaintiff in a suit to stop San Francisco Mayor Gavin Newsom, who instructed his county and city clerk to preside over the first officially sanctioned same-sex marriages in American history, Feb. 12.

In Bradley's order, he said West violated his oath of office by solemnizing same-sex marriages without a valid license, contrary to New York law limiting marriage to one man and one woman.

Mayor West then made a motion to dismiss the case, arguing Hebel did not have standing to bring a challenge to his actions.

Ulster County Judge E. Michael Kavanagh denied the request April 20, stating in his order "if this court were to adopt the mayor's strict interpretation regarding standing, his actions, which on the surface appear to be in direct contradiction of state law, would be left unchallenged in any civil forum."

Staver commented, "Incredibly, not only does Mayor West believe that he is above the law, but he also believes that the citizens of New Paltz have no right to challenge his actions – even if they are illegal."

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