Heller, Ehrman, White & McAuliffe, New York City (
E. Joshua Rosenkranse of counsel), for defendant.
Donald A. Williams, District Attorney, Kingston, for plaintiff.
OPINION OF THE COURT
JONATHAN D. KATZ, J. The defendant is the Mayor of the Village of New Paltz receive benefits available to those who lost a spouse on September 11th, have acted to accord same-sex partners the same rights as if they were married. Even if the financial issues could be addressed in some comprehensive way short of allowing same-sex partners to marry, there would still be no emotional substitute for marriage. The equal protection issue raised by the defendant is real and must be addressed as a threshold issue to his prosecution. 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, I heed the admonishment of Justice Brandeis 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.