jordan belforti ny marriage

8/4/2019 Jordan Belforti NY Marriage

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BY FEDERAL EXPRESSSeptember 9, 2011

James E. GregoryMember of the Firmd 212.969.3023f 212.969.2900jgregory@proskauer. cornwww. proskauer. corn

Mr. Mark JordanLedyard Town SupervisorLedyard Town Hall1099 Poplar Ridge RoadAurora, NY 13026Ms. Rose Marie BelfortiLedyard Town ClerkLedyard Town Hall1099 Poplar Ridge RoadAurora, NY 13026Dear Mr. Jordan and Ms. Belforti:We represent Katie Carmichael and Deirdre DiBiaggio, a same-sex couple who, on August 30,2011,were improperly denied a marriage license by Ledyard Town Clerk Rose Marie Belforti.As you already know, our clients visited the Ledyard Town Hall on August 30 and applied for amarriage license, in person, to Ms. Belforti. Although Mmes. Carmichael and DeBiaggio satisfiedall necessary requirements to obtain such a license, Ms. Belforti informed them that she had beendirected not to issue any marriage licenses and that they would have to make an appointment toreturn to the Ledyard Town Hall on another day when a subordinate official would be able to fulfilltheir request. Ms. Belforti refused to issue the license herself.It is our understanding that Ms. Belforti previously indicated her unwillingness to issue marriagelicenses to same-sex couples on account of her religious beliefs. As a result, we understand thatMs. Belforti is no longer issuing any marriage licenses n essential duty ofher elected office-at the town's direction or, at a minimum, with the town's acquiescence. The actions ofboth Ms.Belforti and the town are in violation ofNew York law.On July 13, 2011, the New York State Department of Health issued an informational memorandumto all New York town and city clerks regarding the recent amendments to the Domestic RelationsLaw, which are also known as the Marriage Equality Act. ' The memorandum summarized thechanges to the Domestic Relations Law caused by the amendments and made clear that thosechanges would take effect on July 24, 2011. Among the changes listed is the following: "Noapplication for a marriage license shall be denied on the ground that the parties are of the same or adifferent sex."' A copy of that memorandum is enclosed for your information.

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ProskauerMr. Mark JordanMs. Rose Marie BelfortiSeptember 9, 2011Page 2

In addition to summarizing the change in the law, the memorandum also provided guidance toclerks to help plan for the implementation of the Marriage Equality Act. The memorandum states:"Under New York State Law the town or city clerk must provide a license to an applicant whomeets all marriage requirements for New York State. It is a misdemeanor violation if the clerkrefuses to do so for any reason. " Speaking on the same issue, Governor Andrew Cuomo himselfhas said of clerks in Ms. Belforti's position: "When you enforce the laws of the state, you don't getto pick and choose the laws. "The directive to clerks such as Ms. Belforti could not be more clear: they must provide a marriagelicense to ~an eligible applicant. Ms. Belforti did not, and cannot, cite any reason why Mmes.Carmichael and DiBiaggio were ineligible to receive a marriage license. The couple met all themarriage requirements for New York State and should have left Ledyard Town Hall that day withthe license to which they legally were entitled.If Ms. Belforti has a personal objection to the law, and as a result is unable to perform her essentialduties as a public official, she should resign immediately so that her position can be assumed by anindividual who is able to perform fully the duties of the Ledyard Town Clerk's office.It is our understanding that this matter will be discussed as part of the agenda of the Town Board'snext regularly scheduled meeting this Monday, September 12. At that meeting, we fully expect theTown Board to direct Ms. Belforti to either perform her essential duties, including the issuance ofmarriage licenses to eligible applicants whether same sex or opposite sex, or to resign immediately.In the event such decisive action is not taken, we will be forced to take further legal action on behalfof Mmes. Carmichael and DiBiaggio in order fully to protect and enforce their rights under NewYork law.We request that you distribute a copy of this letter to each of the Town Board members present atthe September 12 meeting and that the contents be read into the record of that meeting.

"A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of abenefit:. . . 2. He knowingly refrains trom performing a duty which is imposed upon him by law or is clearly inherent inthe nature of his office." N.Y. Penal Law tI 195.00 (Consol. 2011). Official misconduct is a Class A misdemeanor. Id.Furthermore, N.Y. Executive Law ) 296(10)(a), which provides an exemption for specific types of religiousobservances and practices, is inapplicable to this situation and does not provide a legal basis for Ms. Belforti to berelieved of her duties. The plain language of that section, its legislative history, and associated case law each makeclear that this law was intended only to ensure that employers accommodate the observance of holy days or religiouspractices such as the wearing of certain head dresses. The section provides no basis under which an elected official cansidestep her duties on account of her personal moral objections to the law.


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Proska Uer)&Mr. Mark JordanMs. Rose Marie BelfortiSeptember 9, 2011Page 3

This letter is without waiver of or prejudice to any of our clients' rights and remedies under NewYork law or otherwise and all such rights and remedies are hereby expressly preserved.erely yours,

ames E. GregoryEnclosurecc: Ms. Katie Carmichael and Ms. Deirdre DiBiaggio


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Clerk informational Memorandum

From:

Series'.

New York State Town and City ClerksOffice of Vital RecordsJuly 13,20112011-03

Topic; Arnendmertt to Domestic Relations Law - "The Marriage Equality Act",An Act to amend the dotnestic relations law, in relation to the ability to marry.This memo provides inforniation and guidance on the recent amendment to the DomesticRelations Law entitled "The Marriage Equality Act" (see attached). This Act was signed intolaw on tune 24, 2011 and shall take effect on July 24, 2011 (the 30th calendar day aQer it wassigned), Please take the time to review these important changes to New York State DomesticRelations Law as it'relates to marriage.In summary, the Marriage Equality Act amends New York's Domestic Relations Law in thefollowing ways.

~ A rnatriage that is otherwise valid shall be valid regardless of whether the parties to themarriage are of the same or different sex,No goverrunent treatment or legal status, effect, right, benefit, privilegeprotection orresponsibility relating to marriage shall differ based on the parties to the marriage beingof the same sex or a different sex,

~ AH relevant gender-specie language set forth m or referenced by New York law shall bsconstrued in a gender-neuhal manner.No application for a marriage license shall be denied on the ground that the parties are ofthe same or a different sex.No religious entity, benevolent organization or rtot-for-profit corporation that is operttted,supervised oz controlled by a religious entity or its employees can bc required to performmarriage ceremonies or provide its facilities for marriage ceremonies, consistent vvith itsreligious principles. In addition, religious entities will not be subject to any legal actionfor refusing marriage ceremonies,

Marriage forms, documents and instructions have been revised to implement the requirements. ofthe Act.

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To hei lan for thpp e jmplemaniation of the Act, please review the following guidance;The Act shall take effect at midnight on July 24, 2011,at which time a mamage hcensemay be issued to a same sex couple upon satjsfactory proof that no legal impediment tothe right of eaoh applicant to marry exists,

2. AlthoAlthough the znarriage license is issued nnrnediatejy upon application, current lawmandates that the marriage ceremony cannot take place witltjn 24 hours from the exacttjnie that tlie license was issued. The requireinents for 'waiving the waiting period havenot changed nor has the process under section l 3-8 of Domestic Relations Law to obtaina waiver of the 24-hour waiting period.3. As is already the law, a second or subsequent ceremony does not require s 24-hour

waiting period when a couple can prove that they are already married to each other.This includes valid marriages between same-sex couples that have legally occurred inother Jurisdictions. Notably, in addition to New York, the fallowing states sHow sarne-sex couples to marry: j) Connecticut, 2} owa; 3}Massachusetts; 4) New Hlnpshjre, ' 5}Veanont; and 6}Dissect of Columbia. Purther, saine-sex couples can many in severalcountries globally.

4, There will be one form for aji marriage licenses issued after July 23, 2011.5, New forjns have been printed and mailed to town and city clerks, Clerks should receive

the new forms by eai'ly next week. Clerks may provide samples of the forms to theirvendors. Vendors may need to adjust their software programs that collect information tobe printed on the marriage forms supplied by the Department of Health. The town andcity clmks must use the new forms a5er the Act takes effect on My 24. Old forms mustbe properly destroyed,

6. Under New York State Law the town or city clerk must provide a license to an applicantwho meets ail znarriage requirements for New York State. It is a misdemeanor violationif the clerk refuses to do so for any reason.

The Department ofHealth wi l 1 be conducting five interactive webuiars with town and city clerkson Friday, July 15, to review the law, the new marriage a&davit/license, and to answerquestions. Ifyou have any questions or concerns prior to the webinar, please email them taclerkshealth, state. ny, us.Thank you for your cooperation in implementing this new Iaw.

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