Charges against New Paltz Mayor Jason West Reinstated

ALBANY, N.Y. -- Criminal charges against New Paltz Village Mayor Jason West for marrying gay couples were reinstated Wednesday by a judge who said public officials cannot pick and choose which laws to obey.

Twenty-four misdemeanor counts were filed against West after he married a series of gay couples last Feb. 27 in the Hudson Valley college town of New Paltz. But the charges were dismissed last summer by a town court judge who said there were constitutional problems in banning same-sex marriages.

Ruling on an appeal from prosecutors, Ulster County Court Judge J. Michael Bruhn said the criminal case against West was not about the constitutionality of gay marriage, but whether West lived up to his oath of office to uphold the law. Bruhn wrote in his decision that under the town court’s logic, a mayor may “ignore and flout” a law he believes is unjust or unconstitutional.

The case will now go to trial in town court, barring a settlement or a successful appeal by West’s lawyers. West faces fines and up to a year in jail if convicted on the misdemeanor counts of solemnizing marriages for couples without a license. (source)

Jason did what he felt was the fair thing to do by marrying gay couples. As Jason said, “If I told those the gay couples, ‘No, I can’t marry you because you’re gay,’ I’d be violating the state constitution and I’d be violating my oath of office.”

If convicted, Jason could spend up to one year in jail. This is what I’m going to do. I’m going to call Ulster County Court Judge J. Michael Bruhn and ask him that if Jason is convicted that I spend that year in jail instead of him. That is what I can do. This is an injustice and I’m willing to do my part for him. He is one of my heroes, and I don’t have many heroes. Maybe the judge needs to hear that.

It’s so strange that being older gives you more courage to do things that you would never risk yourself over at a younger age. It’s an interesting observation.

Just the looks on their faces, just the absolute joy of finally being able to be equal. That is the highest moral calling I could possibly imagine. - Jason West

May 27, 2005 - Updated entry.