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Friday, June 25, 2004
LAWSUIT TO INVALIDATE NY TOWN'S SSM: From the Associated Press
A judge was asked Thursday to invalidate roughly 180 gay marriages performed in New Paltz this year and bar any village official from performing more same-sex unions. The lawsuit from the conservative legal group Liberty Counsel is the broadest legal challenge yet to same-sex weddings that have been performed in New Paltz since Village Mayor Jason West first officiated over marriages on Feb. 27. The group has successfully argued for an injunction keeping West from performing more weddings, inspiring other officials and ministers to take his place. Last weekend, village board member Julia Walsh joined a group of ministers in marrying 19 same-sex couples. Another board member, Rebecca Rotzler, married gay couples a week ago. Besides West and the village, the Liberty Counsel suit asks the judge to bar Walsh, Rotzler and their fellow board member, Michael Zierler, from performing gay weddings. The suit also asks Supreme Court Judge Michael Kavanagh to declare invalid the appointment of Rotzler and Walsh as marriage officers. In Thursday's filing, the Liberty Counsel again argued that performing the marriage knowing the couples did not have marriage licenses violated New York law. Earlier this month, Kavanagh permanently barred West from marrying gay couples. ... Kavanagh on Thursday signed a temporary restraining order blocking more weddings and set a July 19 court date. Rotzler said she would honor the restraining order and not marry any more gay couples but would continue to press to make same-sex marriage legal in New York. She likens the struggle to that of biracial couples like her parents who fought for the right to marry. ... About two dozens ministers have taken turns and performed gay weddings in the Hudson Valley college community since West was sidelined by legal troubles. The weddings are now held at bed and breakfast in the village on alternating Saturdays. Lindevaldsen said the group does not have the ability to seek injunctions against clergy. There have been several lawsuits filed this year on behalf of gay couples claiming they have the right to marry under New York's constitution. In addition, West and the first two ministers to take his place were charged with misdemeanor counts of marrying couples who lacked licenses. The charges against West were dismissed. A hearing on the ministers' case is scheduled for Friday in New Paltz Town Court. more |
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