Kingston, NY - The New York Supreme Court in Ulster County, rejected an attempt by New Paltz Mayor Jason West to dismiss Liberty Counsel's suit against him for performing same-sex "marriages" contrary to New York State law. The lawsuit against Mayor West was filed by 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 February 26, 2004, Mayor West announced he would solemnize marriages of same-sex couples. On February 27, West solemnized the "marriages" of 25 same-sex couples. He then created an "Affidavit of Marriage" and a "Contract of Marriage" that he posted on the Village's web site. He said he was issuing these documents "in lieu of a Certificate of Marriage" because the town clerk refused to issue a license.

On March 3, after Liberty Counsel filed a lawsuit against Mayor West, Ulster County Judge Vincent Bradley issued a Temporary Restraining Order against the Mayor, preventing him from solemnizing any more same-sex "marriages." In the Order, Judge Bradley stated that Mayor West took an oath of office to uphold the law, and his solemnizing same-sex marriages without a valid license violated New York law which limits marriage to one man and one woman.

Mayor West then made a Motion to dismiss the case against him arguing that Mr. Hebel did not have standing to bring a challenge to his actions. Ulster County Judge E. Michael Kavanagh denied the request to dismiss the case and stated in his Order that "if this Court were to adopt the Mayor's strict interpretation regarding standing, his actions, which on the surface appear to be in direct contradiction of State Law, would be left unchallenged in any civil forum." Judge Kavanagh also stated, "To deny standing would leave petitioner and other Village residents without a remedy to press for what they claim is their right to compel their public representatives to comply with State Law in the execution of their official responsibilities."

Staver commented, "I am pleased that the Court rejected Mayor West's attempts to dismiss this case. Incredibly, not only does Mayor West believe that he is above the law, but he also believes that the citizens of New Paltz have no right to challenge his actions - even if they are illegal. Mayor West should remember that he is required to uphold the law which unequivocally states that marriage in New York is between one man and one woman."

Liberty Counsel is a national public interest law firm dedicated to advancing religious freedom, the sanctity of human life and the traditional family. On the campus of Liberty University School of Law, Liberty Counsel's Center for Constitutional Litigation and Policy trains attorneys, law students, policy-makers, legislators, clergy and world leaders in constitutional principles and government policies.

Liberty Counsel is a national public interest law firm dedicated to advancing religious freedom, the sanctity of human life and the traditional family. On the campus of Liberty University School of Law, Liberty Counsel’s Center for Constitutional Litigation and Policy trains attorneys, law students, policy-makers, legislators, clergy and world leaders in constitutional principles and government policies.