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DA Drops Charges Against New York Green Mayor Over Gay Marriage
Published on Wednesday, July 13, 2005 by the Times-Herald Record (Middletown, NY)
DA Drops Charges Over Gay Marriage
by Jeremiah Horrigan
 

NEW PALTZ, NY – Ulster County District Attorney Don Williams has dropped 19 misdemeanor charges against New Paltz Mayor Jason West for solemnizing gay marriages last year.

"To proceed further would serve no practical purpose," Williams said yesterday. Continuing the prosecution "would serve only to advance personal agendas in a highly volatile manner."

"To allow this divisive course of action would not be in the best interests of the community," he said.

Williams was referring to the likelihood that West's trial would be a showcase for his belief in the necessity for and legality of gay marriage.

But West said yesterday the district attorney's "backing down" was a "complete vindication of myself and the couples I married."

"He's got no concern for the best interests of the community, that's (nonsense). Don Williams began this divisive action and now he knows he'll lose in court, so he's backing out."

West's lawyer, Josh Rosenkranz, said that the district attorney had his own "personal agenda."

"The DA ran to the limelight the moment it suited his purposes, and now he's run from it like a moth with singed wings."

Like a political pingpong ball, the criminal case against West has bounced its way through all levels of the judicial system.

In a ruling in June 2004, New Paltz Town Judge Jonathan Katz dismissed all criminal charges against West on constitutional grounds. The DA appealed and the decision was reversed at the County Court level. Rosenkranz then asked the state Court of Appeals to hear the case, but the court declined and bounced the case back to Katz's court, where a jury trial was expected in September.

Williams has insisted from the beginning that the case against West was a matter of whether the mayor had broken the state's domestic relations law forbidding same-sex marriage.

"This has never been about same-sex marriage but about the separation of powers between the executive, judicial and legislative branches of government. It's been our job to see that an individual did not violate the separation of powers that's at the basis of our government."

He said he was satisfied that with a noncriminal case still pending in the state's Appellate Division and motions pending in the state Legislature, the question of same-sex marriage was being addressed in the proper forums.

West has been equally insistent that he was obliged to perform the marriage ceremonies under the Constitution's equal protection guarantees.

"Our case is constitutionally, morally and legally right, and I'm just sorry we couldn't bring it before a jury," he said.

© Copyright 2005 Orange County Publications

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