Gay marriage: Yes? No? [New Paltz (NY) Mayor Willing to Perform Gay Marriages]

Middletown (NY) Times Herald-Record ^ | Feb. 26, 2004 | Greg Cannon and Jeremiah Horrigan

[GiveEmDubya]

New Paltz Mayor Jason West is ready and willing to marry several gay couples who want him to officiate at their weddings.

"It's more than OK," said West, who was elected as a Green Party candidate, of gay marriage. "It's necessary to provide equal protection under the law."

But the big question: Under the law, is he allowed to marry same-sex couples?

New Paltz Town Clerk Marian Cappillino says no. She declined to issue marriage licenses Monday to two gay couples who came to Town Hall. In doing so, Cappillino, like many other local officials in similar circumstances, cited state health laws.

"I had to say no because we operate under the Health Department and they've always said not to issue licenses in this instance," Cappillino said. The state Department of Health handles marriage licenses through its Department of Vital Records.

The license specifies that a marriage is between "a bride and a groom," Cappillino said, "and we all know the bride is a woman and the groom a man."

Some lawyers say the question of gay marriage is open to debate, but local officials don't seem to have any doubts.

"Hell, no," said Thompson Supervisor Tony Cellini, when asked if he would marry a same-sex couple. "It's against the law."

But the state's biggest lawyers group isn't so sure. While 38 states have laws banning same-sex marriage, according to Lambda Legal, a group that promotes gay civil rights, New York isn't one of them.

"The fundamental question," said Albany lawyer Michael Whiteman, "is whether same-sex marriage is sanctioned, prohibited, or largely ignored in the state of New York."

Whiteman heads a committee of the New York Bar Association that's studying legal issues affecting gay couples. It's due to release its findings later this year.

In 2001, a report from a similar committee of the Association of the Bar of the City of New York said that New York's marriage laws are gender neutral, and so don't bar gay marriage.

The gay marriage debate has been swirling for years on New York's borders. Vermont allows civil unions. Gay marriage is legal in some Canadian provinces, and courts in Massachusetts say the state constitution gives same-sex couples the right to marry.

The controversy has been heating up nationally, with thousands of same-sex couples getting hitched in San Francisco, and President Bush calling for a constitutional amendment to ban gays from marrying.

And the contention has been heating up in New York, too. Upstate, Schenectady Mayor Brian Stratton said this week that he's willing to make his struggling city a Frisco on the Mohawk River and marry gays, unless some authority tells him otherwise.

Last month, the city attorney for Rochester issued an opinion saying the city clerk can't issue licenses to gay couples.

An informal survey of town and city officials in the mid-Hudson found that they've fielded a handful of inquiries from gay couples. They respond by either citing a state Department of Health directive saying the state doesn't allow gay marriages, or they refer the matter to a lawyer.

In Middletown, Charles Mitchell, the city's deputy clerk and registrar said, "I'll do like I always do when I have a question about a marriage license or any other vital record: I'll call Albany and ask them what I can do, legally."

If a gay couple asks Port Jervis Mayor Gary Loprioreto officiate at their wedding, he said he'll call upon the city attorney for help and hold off until he gets an answer.

In Newburgh, three or four gay couples have sought licenses in the decade that Katrina Cotten has been deputy registrar. Each time, she says, they were told, sorry, but state law doesn't allow it.

Newburgh Mayor Nick Valentine said that, as a Roman Catholic, his personal convictions won't allow him to perform a gay wedding ceremony, even if a couple managed to secure a license.

Valentine said he's all for giving gay couples the same benefits as traditional married couples, but when it crosses into marriage, "I have a personal belief and a religious belief that it's not right."

One way or another, the state Legislature needs to clarify that issue, said Newburgh Corporation Counsel Geoffrey Chanin. "They better figure it out," he said, "because you know it's not going to stop."

Staff writers Mike Dawson, Oliver Mackson, and Victor Whitman contributed to this report.

[GiveEmDubya]

Update: While watching local news, it was reported that Mayor West of New Paltz will perform gay ceremonies tomorrow.

[sgtbono2002]

Well if Lambla Legal says it ok , how can they be wrong?

[Neets]

Of course he will.

New Paltz is the hot bed of perverted liberalism....

I have to find something in archives about some flaky gender crap that was being taught at SUNY New Paltz a few years ago...
....some sort of female "Get in touch with yourself" class..it included a random supply of maturbatory instruments, etc.

Funny thing, when I read about it in the TimesHerrodRecord, I thought, "what's next? Gay marriages?"


Sheesh.

[livius]

Well, since the law clearly no longer applies when gays or any liberal cause are involved, why not?

I'm disgusted. I hope Pataki's response is better than Arnie's.

[jwalsh07]

I'm disgusted. I hope Pataki's response is better than Arnie's.

LOL, you gotta be kiddin'.

[GiveEmDubya]

I'm about half an hour away from New Paltz. I've heard horror stories about the liberalism over there.

One thing is for certain, my town supervisor will not go for this.

[jolie560]

Watch, Read, and Hear about all the whining 5 years from now when some of these married couples start filing for divorces. They won't like the divorce laws either.

[Neets]

I know MY town supervisor wouldn't go for it either..luckily our town is still safely conservative...for the time being.

[GiveEmDubya]

Back in 1999, Poughkeepsie (Town) had some Democrat problems. They ran a vicious smear campaign against the Republican town board and won a majority on the town board.

There was so much scandal in their 2 years in office, all but 1 or 2 of the Democrats lost in 2001. In 2003, Republicans swept all the seats. So we seem to be the right way for now.

[Arpege92]

I live half an hour away from New Paltz as well and my hubby went to college there.....he has nothing but negative things to say about New Paltz!

[Neets]

Well goodness..I am glad to see you two here. I was afraid FR was virtually unheard of in the Hudson Valley.

Can you believe I saw a Kucinich bumper sticker today on the Newburgh side of the Newburgh/Beacon bridge?

HAHAHA

[GiveEmDubya]

We try to avoid it...horrible yuppy town. We're on the other side of the Hudson, so it's easy to avoid.

[GiveEmDubya]

Can you believe I saw a Kucinich bumper sticker today on the Newburgh side of the Newburgh/Beacon bridge?

I saw one in front of the Adriance library in the City of Poughkeepsie. Nearly dropped my books. I've seen a few up near Vassar also.

[Arpege92]

LOL I'm glad as well. This news had made my day! I live in Newburgh (town...not city)!

[Arpege92]

Horrible Yuppy town....my hubby likes to call it Horrible Hippie town!!!

[GiveEmDubya]

They're both correct!

[Neets]

Goodness girlie..I am just down the road from you in New Windsor...

...Nice to meet you neighbor.

[Neets]

I have an acquaintence who keeps bragging about her decision to send her daughter to SUNY NP.

She keeps stressing to me "how hard it is to get into SUNY NP".

I just roll my eyes and tell her as long as she brings her check book, her daughter shouldn't have ANY trouble getting accepted...LOL.

[Arpege92]

You too....I used to live in New Windsor before I got married. Knox Village Apartments, but that was back in 1990.

[GiveEmDubya]

Having gone through the application process recently, I can say that I could have filled out a SUNY NP application in crayon and I would have probably gotten in. Not anywhere near the top of prestige.