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Judge Permanently Bars U.S. Mayor from Illegally Solemnizing Same-Sex Unions

Says Mayor's "view, if accepted, would mean that the Mayor is a law unto himself"

NEW PALTZ, NY, June 9, 2004 (LifeSiteNews.com) - Judge E. Michael Kavanagh, of the Ulster County Supreme Court in New York, issued a Permanent Injunction yesterday that ordered Jason West, the 26-year old part-time Mayor of New Paltz, NY, to stop solemnizing same sex "marriages." The Injunction was issued in a lawsuit filed by Liberty Counsel on behalf of Robert (Bob) Hebel, a member of the New Paltz Board of Trustees.

On February 26, 2004, Mayor West announced he would solemnize marriages of same-sex couples. On February 27, West solemnized the "marriages" of 25 same-sex couples. He then created an "Affidavit of Marriage" and a "Contract of Marriage" that he posted on the Village's web site. He said he was issuing these documents "in lieu of a Certificate of Marriage" because the town clerk refused to issue a license. By March 1, the website created a "Marriage Waiting List," with the next ceremonies scheduled for Saturday, March 6. West, who is a member of the Green Party, thought it was "funny" that he had provoked a fight, concluding, "This is the best day of my mayoral career."

New York law states that parties to a marriage must "solemnly declare" that "they take each other as husband and wife." A marriage license must include a "statement or affidavit" containing information from the "groom," who is also called the "husband" and the "bride." It is a criminal misdemeanor for any person to solemnize a marriage "without a license being presented to him," and violations are punishable with a fine of not less than $50.00 or by imprisonment up to 1 year. On March 2, Donald Williams, Ulster County district attorney, charged West with a 19 count indictment for illegally solemnizing same-sex marriages without a license.

Judge Kavanagh's decision stated, "The impact of [Mayor West's] position, that an elected official may willfully violate a law anytime he or she believes it is unconstitutional, has profound and unsettling implications. This view, if accepted, would mean that the Mayor is a law unto himself and would in certain circumstances have power that is simply incompatible with a democratic form of government based on the rule of law."

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