Village of New Paltz, NY – Today Justice E. Michael Kavanagh with the Ulster County Supreme Court in New York issued a Temporary Restraining Order (“TRO”) against all officials of the Village of New Paltz stopping them from “marrying” same-sex couples. The issue was a familiar one to Justice Kavanagh, who on June 7, 2004, entered a permanent order against Village Mayor Jason West directing him to stop solemnizing same-sex “marriages.” After the June 7 order was entered against Mayor West, Rebecca Rotzler and Julia Walsh – two other Village Board Trustees -- began solemnizing same-sex “marriages.” Today’s order puts a halt to these “marriages.” The Order also set a hearing on the case for July 19. The TRO issued today was in a lawsuit filed by Liberty Counsel on behalf of Robert (Bob) Hebel, a member of the New Paltz Board of Trustees. Mr. Hebel is represented by Mathew D. Staver, President and General Counsel of Liberty Counsel, and Rena Lindevaldsen, Senior Litigation Counsel for Liberty Counsel.

On March 4, 2004, after Mayor West solemnized “marriages” of 25 same-sex couples, Liberty Counsel went to court on behalf of Mr. Hebel and obtained an order permanently directing the Mayor to comply with New York law, which does not permit same-sex marriage. Members of the Village Board, including Mayor West, then appointed Rebecca Rotzler and Julia Walsh as “marriage officers.” Both reportedly solemnized nearly 25 same-sex “marriages” during the past week. Realizing that certain village officials could continue to perform an end-run around the June 7 order against Mayor West by simply appointing additional marriage officers, Liberty Counsel went to court to finally and conclusively resolve the “marriage” debate in the Village of New Paltz. The lawsuit seeks an order against all Village officials to prohibit them from solemnizing same-sex “marriages” and also seeks to invalidate the “marriages” already performed.

Lindevaldsen commented, “The disregard for the law exhibited by the Village officials in the face of Judge Kavanagh’s permanent Order against Mayor West is outrageous. The Village officials have an obligation to uphold the laws of New York. Justice Kavanagh unequivocally found that Mayor West violated the law in solemnizing same-sex ‘marriages.’ Rebecca Rotzler and Julia Walsh knowingly and deliberately broke the law.” Lindevaldsen concluded, “The Village Officials are not above the law, whether they agree with the law or not. Today’s Order will prevent other Village officials from disregarding the clear law of New York that confines marriage to one man and one woman. We are pleased that the rule of law was swiftly enforced by the court.”