NY DA: Refuse a Marriage License to NY Gay Couple? You Risk Jail


LetThePeopleVote.comIn response to Barbara MacEwen (a town clerk in Volney NY) saying she does not want to personally issue same-sex marriage licenses, the Nassau County DA responded as follows (PDF link):

“The Marriage Equality Act provides that an application for a marriage license cannot be denied on the grounds that the applicant parties are of the same sex and the law affords no discretion to public officials charged with granting marriage licenses. Therefore, any such refusal may be subject to criminal prosecution.

“The religious exemptions in the Marriage Equality Act are inapplicable to town and city clerks serving in their license-granting roles, and a public official’s intentional refusal to issue marriage licenses to qualified same-sex couples may constitute Official Misconduct, a Class A misdemeanor defined in section 195.00 of the New York State Penal Law.”

Or, as one gay blog headlined this story, "NY DA: Refuse Marriage License to Gay Couple and Your A** is Headed to Jail."

Welcome to one of the first practical consequences of redefining marriage.