4 Misc. 3d 605 | New Paltz Just. Ct. | 2004
OPINION OF THE COURT
The defendant is the Mayor of the Village of New Paltz
By notice of motion dated March 24, 2004, the defendant has moved to dismiss the information charging him with multiple counts of the crime of solemnizing marriages without licenses in violation of sections 13 and 17 of the Domestic Relations Law. The essence of his argument is that the Domestic Relations Law licensing requirement is unconstitutional as applied because it has the effect of preventing same-sex marriages. If unconstitutional, then the information charging under that section is defective within the meaning of Criminal Procedure Law § 170.35 (1) (c), requiring its dismissal. (CPL 170.30 [1] [a].) In the alternative, the Mayor asks for dismissal in the interests of justice, arguing that even if guilty there would be no just purpose served by his criminal conviction.
The People have expressly taken no position regarding same-sex marriage. The prosecution’s principle argument is that this case presents only the simple question of whether the defendant violated Domestic Relations Law §§13 and 17 by solemnizing marriages for people who had not been issued marriage licenses, a fact that is not in dispute. Nor is there a dispute over the fact that had they applied for licenses they would not have received them for the singular reason that the applicants were same-sex.
Town courts have jurisdiction to dismiss criminal charges on the grounds that the law defining the violation charged is unconstitutional. (People v Waterloo Stock Car Corp., 89 Misc 2d 922 [1977]; People v Merksamer, 139 Misc 2d 987 [1988]; CPL 170.30 [1] [a]; 170.35 [1] [c].) The defendant’s dismissal motion is authorized by CPL 170.30 (1) (a) and CPL 170.35 (1) (c) as a way of challenging the constitutionality of Domestic Relations Law § 13. The determination of the constitutionality of Domestic Relations Law § 17 is both “necessary and unavoidable.” (People v Furlong, 129 Misc 2d 938 [1985], later proceeding 70 NY2d 756 [1987].)
Cultural and political attitudes about homosexual rights and same-sex marriage are evolving rapidly. No recent act of the Legislature suggests a policy favoring any form of discrimination against homosexuals or same-sex partnerships. The New York Attorney General has questioned the constitutionality of current New York law which denies marriage to same-sex couples. (See, 2004 Ops Atty Gen No. I 2004-1 [Mar. 3, 2004].) Ulster County Supreme Court Justice E. Michael Kavanagh has acknowledged the constitutional implications of denying mar
This equal protection analysis is governed by the “rational basis standard.” (Matter of Cooper, 187 AD2d 128, 133 [2d Dept 1993].) The question, therefore, is whether there is a legitimate state purpose in prohibiting same-sex marriage. The prosecution neither defends nor condones the discriminatory effect of the licensing requirement of the Domestic Relations Law. Its position is simply that the law — on its face — was violated, obligating it to fulfill its mandate to prosecute. The net effect of the lack of proof is that this record contains no evidence tending to show that there is a legitimate state interest in refusing marriage to same-sex partners. Likewise, the Attorney General did not exercise his right to intervene in this case to defend the state’s interest in a statute that has the effect of preventing same-sex couples from marrying. If the state had a legitimate governmental purpose in preventing same-sex couples from marrying either the chief law enforcement officer of Ulster County or of the State of New York could have taken this opportunity to articulate it. The defense has rebutted the presumption of constitutionality enjoyed by Domestic Relations Law § 13 shifting the burden of proof on that issue to the People.
I am familiar with the arguments raised in the cases from other states addressing this issue and I understand the historical, cultural and religious opposition to same-sex marriage, but find that none of the reasons stated in opposition to same-sex marriage is paramount to the equal protection guarantees enshrined in the State and Federal Constitutions. In dismissing the information charging the Mayor with violating Domestic Relations Law §§ 13 and 17,1 heed the admonishment of Justice Brandéis that “[w]e must be ever on our guard, lest we erect our prejudices into legal principles.” (New State Ice Co. v Liebmann, 285 US 262, 311 [1932].) Based on the foregoing, the defendant’s motion to dismiss is granted.