Judge Tosses Case Against Mayor Who Conducted Gay Weddings

Judge Tosses Case Against Mayor Who Conducted Gay Weddings
by 365Gay.com Newscenter Staff

Posted: June 10 2004 5:20 pm. ET

(New Paltz, New York) Criminal charges against New Paltz mayor Jason West, accused of illegally marrying same-sex couples in his tiny village north of New York City, were dismissed Thursday, but his legal battle is far from over.

New Paltz Town Court Justice Jonathan Katz ruled that the district attorney had failed to show the state has a legitimate interest in banning gay marriage. Katz also ruled that the prosecution failed to prove that the law under which West had been charged was constitutional.

In February West performed wedding ceremonies for more than 20 same-sex couples in front of the New Paltz village hall. (story)

Ulster County District Attorney Donald Williams then charged him with 19 counts of violating New York state law by performing weddings for couples who do not have valid marriage licenses.

The 26 year old West, a member of the Green Party, pleaded innocent. (story)

Had he been found guilty West could have been fined or sentenced to up to a year in jail. His lawyer, E. Joshua Rosenkranz, called today's ruling a major victory for gay rights.

"If history is any guide, this is the beginning of an unstoppable trend in New York,'' Rosenkranz said.

"With remarkably clear vision, the New Paltz, New York Justice Court has seen what anyone who has approached the question thoughtfully knows to be the truth: that there's no fair reason for keeping same-sex couples from marrying," said James Esseks, Litigation Director of the ACLU's Lesbian and Gay Rights Project.

"The LGBT people of New York and the entire nation, and indeed anyone who cares about fairness, owes a debt of gratitude to Jason West for having had the courage to stand up to this terrible unfairness."

But, Williams said he would appeal the ruling.

West remains barred from marrying same-sex couples after a temporary injunction imposed this spring by another judge was made permanent earlier this week. (story)

Williams also said he would not withdraw charges against two Unitarian ministers.

Revs. Kay Greenleaf and Dawn Sangrey conducted a series of weddings in New Paltz after West was enjoined from performing the ceremonies were subsequently charged by Williams. (story)

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