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Justice Court of Town of New Paltz, Ulster County, July 13, 2004
APPEARANCES OF COUNSEL
Robert C. Gottlieb, Comack, for defendants. Donald A. Williams, District Attorney, Kingston (John G. Rusk of counsel), for plaintiff.
{**5 Misc 3d at 338} OPINION OF THE COURT
Judith M. Reichler, J.
On March 6, 2004, in New Paltz, New York, two ordained ministers of the Unitarian Universalist Church performed marriage ceremonies for 13 same-sex couples who did not have marriage licenses. They are charged with a crime for solemnizing marriages without licenses being presented to them, in violation of section 17 of the Domestic Relations Law. Conviction could result in a maximum fine of $250 and/or incarceration for a maximum of one year.
The defendants claim that the charges against them are unconstitutional because the same-sex couples whose marriages they solemnized were unconstitutionally denied the ability to obtain marriage licenses. The defendants also argue that criminalizing the solemnization of unlicensed same-sex marriages by ordained clergy unconstitutionally infringes on the exercise of their religion and their religious belief that marriage is a desirable and holy state for all couples, including gay and lesbian.
The court may dismiss charges against a criminal defendant if the statute defining the offense charged is unconstitutional or otherwise invalid. (CPL 170.35.)
Domestic Relations Law

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New York Law