m******1
发帖数: 19713 | 1 New York Clerk Could Face Lawsuit for Marriage License Refusal
The refusal by the Ledyard town clerk in New York to issue marriage licenses
for same-sex couples could result in the first lawsuit against public
servants who refuse to comply with the state’s new marriage equality law.
By Julie Bolcer
Ledyard Town Clerk Rose Marie Belforti X390 (FACEBOOK) | ADVOCATE.COM
The decision by a town clerk in Ledyard, N.Y., not to issue marriage
licenses for same-sex couples could result in the first lawsuit against
public servants who refuse to perform their duties under the state’s new
marriage equality law.
Last month Ledyard town clerk Rose Marie Belforti sent a letter to the town
board announcing her decision not to sign marriage licenses for same-sex
couples based on her Christian religious beliefs. She proposed that she
assign the task to a deputy.
That arrangement posed a problem August 30 when a lesbian couple from
Florida, Katie Carmichael and Deidre Dibiaggio, applied in person for a
marriage license. The women, who own a home in Cayuga County, where Ledyard
is located, met all the legal requirements, but they were asked to return
when a deputy would be available.
“She told them they would have to schedule an appointment, because of
course the deputy clerk was not there,” said Arthur Bellinzoni, a friend
who accompanied the women to the clerk’s office. “But she will not do it.
That’s illegal.”
People for the American Way agrees, and over the weekend, with law firm
Proskauer Rose, the group sent a letter to Belforti and town supervisor Mark
Jordan before the board’s regular meeting on Monday. The letter demanded
that the board direct Belforti to either perform her job or resign, or else
the clerk and the town could face the possibility of further legal action.
The letter included an earlier memorandum from the state to city and town
clerks explaining that failure to issue marriage licenses to same-sex
couples would constitute a misdemeanor violation under the new law.
“Elected officials don’t get to pick and choose what laws they follow,”
said PFAW spokesman Drew Courtney. “A county clerk that doesn’t like
hunting doesn’t get to not issue hunting licenses. People for the American
Way will be the first ones to defend her freedom of conscience, but she
signed up to do a job. If she doesn’t want to do that job, she should
resign.”
Clerks from Broome and Oswego counties have already resigned rather than
issue same-sex marriage licenses, an action that Gov. Andrew Cuomo called
the appropriate choice. The potential lawsuit against Belforti and the town
of Ledyard would be the first of its kind since the marriage equality law
took effect in July.
The Monday board meeting did not result in any action against Belforti, who
this week told local media that she would not resign. However, the
controversy appears to have split the board and drawn considerable attention
to the rural town of about 2,000 residents near Ithaca.
“It was the sole agenda item at the meeting,” said Greg Robbins, a
resident of Ledyard for more than five years, who attended with his partner.
“Many, many, many people told her that their opinion was that she should
do her job or resign. There were lots of interesting questions raised.”
Key questions involve the arrangement between Belforti and the town that
resulted in her not signing any marriage licenses and delegating the task to
a subordinate. Deputy town supervisor Jim Frisch said that her letter from
August, a public record that he could not immediately locate for review,
notified the board that she refused to serve same-sex couples and would
appoint a deputy.
He said the board in response consulted its attorney, who advised appointing
a deputy as soon as possible. Frisch and supervisor Jordan then met with
Belforti in August, and the deputy supervisor offered his personal opinion
that it would only be fair for the clerk to take an “all or nothing”
approach and issue no marriage licenses rather than single out same-sex
couples.
“I guess you’d say we were outside the board because the board had not
directed us to do this,” said Frisch. “This is really fuzzy.”
Their independent attempt to address the problem generated confusion and
more questions. Some wondered why the supervisor and deputy supervisor would
confer with Belforti if, as Frisch insists, the clerk “does not take
marching orders” from the board. He maintains that the board cannot force
the clerk, an elected official, to resign.
“They were very evasive,” said Bellonzini, a PFAW board member and
resident of Aurora, a village in Ledyard, who attended the meeting Monday.
“It was clear that some members of the town board were not happy with this,
the way the process had unfolded.”
Frisch acknowledged the arrangement may not be ideal, but he described it as
a short-term attempt to comply with “the spirit of the law” in a manner
satisfactory to all the parties concerned. He said that the Ledyard town
clerk married fewer than 10 couples per year and that most of them called
before visiting the office.
“Are we talking about a horde of people standing outside the door? We are
not,” he said. “Are we talking about an inconvenience? We are. Are we
talking about discrimination? We are not. It doesn’t make any difference
whether it’s a homosexual couple or a heterosexual couple. If they show up,
they are told they will need to make an appointment.”
That answer does not satisfy People for the American Way, which following
the Monday town board meeting launched a petition demanding that Belforti
sign all marriage licenses or resign. The clerk is up for reelection this
November, and some local activists are considering a push for a write-in
candidate to challenge her.
“We’re continuing to explore our options,” said PFAW’s Courtney, who
declined to provide a timetable for legal action. “It didn’t happen, so we
still have a problem.”
New Yorkers for Constitutional Freedoms, which filed suit against the State
Senate over the marriage equality law over the summer, is connecting
Belforti and other clerks to legal support through its Courage Fund. The
evangelical Protestant group argues that state law allows clerks to delegate
their responsibilities and requires employers to accommodate religious
observances and practices. New Yorkers for Constitutional Freedoms did not
respond to a request for comment.
According to records, Belforti earned $19,116 last year for her part-time
position as clerk. She owns a dairy business, the Finger Lakes Dexter
Creamery, where a woman who answered the phone Thursday afternoon said
Belforti was not available. | p******i
发帖数: 105 | 2 起诉她干嘛，当面嘛她一顿就好拉。。
licenses
【在 m******1 的大作中提到】
: New York Clerk Could Face Lawsuit for Marriage License Refusal
: The refusal by the Ledyard town clerk in New York to issue marriage licenses
: for same-sex couples could result in the first lawsuit against public
: servants who refuse to comply with the state’s new marriage equality law.
: By Julie Bolcer
: Ledyard Town Clerk Rose Marie Belforti X390 (FACEBOOK) | ADVOCATE.COM
: The decision by a town clerk in Ledyard, N.Y., not to issue marriage
: licenses for same-sex couples could result in the first lawsuit against
: public servants who refuse to perform their duties under the state’s new
: marriage equality law.
| D**S
发帖数: 24887 | 3 What did she think she is? Someone above the law? | m******8
发帖数: 2153 | 4 she should resign if she wants to mix her religious belief with her job. |
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