Former New Paltz Mayor Jason West married couples before it was technically legal in New York. With such a bold step, though, came some major legal challenges.

“I looked into whether same-sex marriage was illegal in New York State. And it turns out it wasn't overtly legal, but it wasn't outlawed, either,” said the former mayor.

And there began a deep dive into the state's law books.


What You Need To Know


  • New Paltz same-sex marriages in 2004 came only 15 days after similar ceremonies took place in San Francisco

  • Then-Mayor Jason West had a team of eight lawyers and 12 paralegals standing by to fight any and all lawsuits that would be filed against him

  • Shortly after the New Paltz weddings, couples in the Hudson Valley began suing town clerks for refusal to issue them licenses

  • A restraining order, preventing West from performing any more ceremonies, was eventually lifted

“In the state law, marriage was defined in New York state as simply a contract between parties. No gender mentioned in terms of who was involved in this contract,” West said.

That was enough, West said, for them to press forward with a plan.

“The Domestic Relations Law, the section that defines how someone gets married, says you need two things to be married,” he said. “You need a valid marriage license, and second, you need your marriage to be solemnized by someone with authority to do so. A solemnization is just someone like a mayor or a priest or a ship’s captain saying 'by the power vested in me.’ “

After same-sex marriages in San Francisco happened only days prior, New York State made its position very clear.

“The Department of Health in New York state told all the clerks in the state that they cannot issue licenses to the couples, not because of anything in the law, but because the form says ‘groom and bride,’ “ he said. “And that right there is the entire resting point of the state's case against same-sex marriage back in 2004.”

But they found a loophole.

“That same article in the law that said you need a license and a solemnization to be married says if you do not have a license, you are still legally married if as long as your ceremony was properly solemnized,” West said.

Then-Ulster County District Attorney Don Williams warned West the night before of his impending arrest if he moved forward with the marriages. How did West prepare himself for that?

“Well, I've been arrested before, so it wouldn't have been the first time,” he said.

When the day arrived, Mayor West said village police arrived to Peace Park, where they were standing by.

“It was like the third or fourth couple, and my lawyer leans in and said, ‘they're not doing anything; I think you're good,’ “ he recounted.

What followed next, however, West expected. A state judge issued a restraining order against him, preventing him from performing any more ceremonies.

“For restraining orders, you need to show what the ‘immediate and irreparable harm’ is that's being prevented. The judge, in a very brief decision, literally said the immediate and irreparable harm to my continuing these weddings will be ‘anarchy, chaos, and the breakdown of western civilization,’ ” he said.

With eight lawyers and 12 paralegals working on his behalf, this signaled only the beginning of a ripple effect.

“By that time, gay couples were suing their town clerks for refusal to give their marriage licenses on civil rights grounds. A town supervisor sued his own town clerk in Orange County for the right to have a marriage license,” West said. “I did notice, after the weddings, a lot more same-sex couples holding hands in New Paltz. It was something that was done but it was almost like an act of bravery a little bit. The whole community kinda came out as supportive of this, and people felt safe.”

The restraining order was lifted, and West did not end up in jail. But did the impact of his decision change his life in any way?

“It reaffirmed my belief in the power of local government to do good in the world. It's gonna take a lot of your energy, but you can't lose sight of opportunities along the way while you're pursuing your priorities,” West said. “But if you find yourself in that right place, right time, you cannot be afraid to pull the trigger.”

Would he do it again?

“In a heartbeat,” he said.