NY State: Town Clerk Forced To Apologize For Refusing Marriage License To Gay Couple

Town clerk Sherrie Eriksen apologizes for denying gay couple a marriage license

On July 30 last summer, Thomas Hurd and Dylan Toften went to the office of their town clerk in Root, New York, to obtain a marriage license.

Instead of a joyful, upbeat episode in their lives, the men were dismayed to be turned down by town clerk Sherrie Eriksen.

She put the couple off saying they couldn’t get a marriage license because they didn’t make an appointment before coming to the office, according to WRAL.

She also told the men that she has a personal objection to same-sex marriage.

That’s despite the fact that New York state legalized marriage equality in 2011, and the U.S. Supreme Court made it the law of the land in 2015.

Toften took to social media at the time to share the incident writing, “Town of Root clerk is a bigot!!! Refused to do our marriage license. She said make an appointment to have her deputy do it… do your job Andrew Cuomo.”

Gov. Cuomo responded to the post by tweeting, “Marriage equality is our law in NY. The denial of a license to a same sex couple is an unconscionable act of discrimination. On behalf of all New Yorkers, I’d like to congratulate Dylan & his future husband on their marriage.”

Marriage equality is our law in NY. The denial of a license to a same sex couple is an unconscionable act of discrimination.

On behalf of all New Yorkers, I’d like to congratulate Dylan & his future husband on their marriage. https://t.co/OIdxyPhyjb

— Andrew Cuomo (@andrewcuomo) August 1, 2018

Several town meetings were held, an investigation was launched, and a lawsuit was threatened by the couple, according to WRGB News.

In the end, an agreement was reached: the town of Root would pay the men $25,000 plus Eriksen would personally deliver a public apology.

And so it came to be on Wednesday afternoon that Eriksen, standing in front of news cameras and town leaders at the weekly town meeting, made her apology.

“In my capacity as town clerk, it is my responsibility to provide marriage licenses to all couples, regardless of sex or sexual orientation, so long as they meet all applicable New York state requirements,” she began. “As such, my office and I will personally will issue marriage licenses to any couple without exception, who is legally entitled to be issued one.”

Her voice wavering a bit, she continued, “On July 30th of last year, there was an unfortunate incident involving Mr Thomas Hurd and Mr Dylan Toften, who came to my office seeking a marriage license.”

“I am sorry for any harm or inconvenience my actions caused the couple, thank you,” she concluded.

Here’s the video via local CBS News anchor Emily DeFeciani:

Town of Root clerk apologizes tonight 8 months after denying a gay couple their marriage license. The town has also reached a cash settlement with the couple. Hear from them tonight only on @CBS6Albany #MarriageEquality #LoveIsLove pic.twitter.com/e39x399HRK

— Emily DeFeciani (@CBS6_Emily) April 11, 2019

Hurd and Toften eventually received a marriage license from another town and were married on August 18.

The couple told WRGB that they're proud they stood up for marriage equality.

"If we had never stood our ground, how many more people would've had to go through this?" Toften said.

Dylan Toften and Thomas Hurd (image via Facebook)

"Pop-up" chapels in Central Park for same-sex weddings

From the Advocate: Twenty-four couples are slated to marry in a pop-up chapel located in New York City's Central Park on Sunday.

Dese'rae L. Stage and Katie Marks were already planning a wedding in Boston, when the news came that New York may pass a marriage law of its own. They decided to get married in their home state first, before heading north for a bigger ceremony.

"We've picked our closest local friends and a couple of friends are coming from Miami to see the ceremony," Stage told the Village Voice. "And we're still doing Boston next year, so our parents can come. It was kind of one of those things, to be a part of history…"

One of the Pop Up Chapel's designs resemble a Hershey's Kiss, while the other is a rainbow array of ribbons, designed by New York firms Z-A Studio and ICRAVE. One ceremony in the chapels include an officiant, photographer, champagne, and cupcakes.

Click here to see photos of the happy couples.

Short video: Gay couples marry in NY

Celebrate! Great day in NY state!

If you click here, you can see a terrific slideshow of the marriage celebrations going on in NYC at the City Clerks Office. Lots of happy couples here. Thanks to Tony Adams for posting his fantastic pics.

Marriage equality a reality in NY state

With a rainbow-lit Niagara Falls as a backdrop early Sunday, Lambert, 54, and Rudd, 53, were among the first gay couples to tie the knot with the blessing of the state, which last month became the sixth and largest to sanction gay marriage. Couples in Albany, Hudson and Long Island also exchanged vows just after midnight Saturday, kicking off what was expected to be a Sunday packed with weddings.

Lambert and Rudd, grandmothers with 12 grandchildren between them, have been together for more than a decade and had long been fighting for the right to marry.

The women, both of Buffalo, smiled broadly as they exchanged traditional marriage vows, promising to love and cherish each other in sickness and in health. The crowd of several hundred people cheered as they were pronounced married and shared their first kiss.

Read more here.

NY marriage equality good for business

Excellent opinion piece on CNN by Bob Witeck on the economic upside marriage equality will bring to New York state.

Witeck points to the fact that to attract the brightest and the best - which includes same-sex couples - you have to offer strong and equal benefits.

New York's mayor, Michael Bloomberg, and city leaders must be cheering the economic shot in the arm as hotels, restaurants, caterers, florists and legions of vendors welcome the wedding and honeymoon brigades. Some estimate nearly $400 million in revenues for the state over the next three years.

These rewards are also the result of changing tides among American corporations and employers over recent decades. Gov. Andrew Cuomo's same-sex marriage legislation was endorsed not only by major corporations like Xerox and Google but by scores of smaller business owners across the state.

78% of all LGBT adults said that they would prefer jobs in states that recognize marriage equality.

The Williams Institute, an LGBT-related think-tank at the University of California, estimates $155 million will roll into the Empire state economy in the first year of marriage equality alone.

NYC to Hold Lottery for Gay Marriage Sunday

From the Wall Street Journal: Fearing demand for same-sex weddings will be too great for the City Clerk’s Office to handle this Sunday, city officials have announced a lottery for weddings on the first day that gay couples can legally wed in the state.

Officials said couples could be stuck waiting in long lines all day and, though the city has added extra clerks for Sunday, ultimately would not be able to get married because of the high volume.

The lottery will guarantee 764 couples — either opposite- or same-sex — access to marry at one of the City Clerk’s five offices Sunday.

The 764 couples to marry would be the largest number of marriages on any single day in city history.

As of Tuesday morning, the City Clerk’s Office had received 2,661 online applications since July 5th; the Clerk has estimated that 1,728 are from same-sex couples. Officials said the data collected by the city showed 54% of the online applicants planned to visit the clerk’s offices on Sunday in pursuit of a marriage license, and that 50% planned to marry that day.

According to the city, couples wishing to marry on Sunday may register for the lottery by going to the City Clerk’s website or by calling 311. The lottery will open for entries at noon on Tuesday and will close to entries at noon on Thursday.

The city will hold a separate lottery for each of the City Clerk’s five borough offices and lottery applicants must specify only one office where they wish to marry.

Winners of the lottery will be notified via e-mail or phone on Friday by noon. Officials urged couples who win a place in the lottery to arrive in the morning; couples must arrive no later than 3:45 p.m. Sunday.

“We’ve done our homework, and it’s clear that the number of couples who want to marry on Sunday is more than the City Clerk’s offices could possibly handle,” Mayor Michael Bloomberg said in a statement. “And the last thing we want is for couples to wait on line for hours and hours, only to walk away upset on what was supposed to be the happiest day of their lives.”

“The fairest way to determine who gets the chance to wed on Sunday and ensure everyone can properly plan for their own big day is through an even-handed lottery system,” he added. “Nobody puts on big events like New York and we will be ready on Sunday for what will no doubt be an historic and unforgettable moment.”

Couples who have not been selected in the lottery can get married later in the week.

Christine Quinn, the city’s first female and openly gay council speaker, said, “This efficient and effective process for managing the first day of marriage equality in the five boroughs will maximize the excitement and dignity for all.”

NY Gov. Cuomo at NYC Gay Pride

NY Gov. Andrew Cuomo at NYC Gay Pride after passing marriage equality in NY state

Now THIS is what a "fierce advocate" looks like.

Just in case a certain President is taking notes...

Via the New York Daily News: As the gay pride parade marched through the streets of New York City on Sunday, participants cheered the governor with signs bellowing “Thank you, Governor Cuomo.”

Two days after New York’s senate voted 33-29 to legalize gay marriage, the annual parade became the epicenter for the equality celebration, embodying this year’s theme: “Proud and Powerful.”

Half a million people were expected to take to the streets.

The Marriage Equality Act was passed in the state Senate on Friday evening, and signed into law by Cuomo at 11:55 p.m. ET, less than 2 hours after the vote. The law takes effect in 30 days.

Video: THE moment marriage equality passed in NY state

THE moment marriage equality passed in NY state!

Listen to the crowd in the gallery lose their minds!

Done! Governor Cuomo signs marriage equality into law

Gov. Andrew Cuomo has signed New York's gay marriage bill, starting what is expected to be a crush of gay weddings starting in 30 days - couples can start marrying on July 24th.

Tonight, the number of Americans who currently have access to marriage equality in their home states or districts more than doubled.

The Democratic governor signed the measure shortly before midnight Friday, following up on a promise to put his name on the legislation as soon as he received it rather than wait the usual 10 days to sign it for it to become law.

New York lawmakers voted 33-29 to legalize same-sex marriage, handing activists a breakthrough victory in the state where the gay rights movement was born.

New York will become the sixth state where gay couples can wed and the biggest by far.

History in NY State - Almost 42 Years After Stonewall, Marriage Equality Passes!

Stonewall tonight - June 24, 2011

The Stonewall riots were a series of spontaneous, violent demonstrations against a police raid that took place in the early morning hours of June 28, 1969, at the Stonewall Inn, in the Greenwich Village neighborhood of New York City. They are frequently cited as the first instance in American history when people in the homosexual community fought back against a government-sponsored system that persecuted sexual minorities, and they have become the defining event that marked the start of the gay rights movement in the United States and around the world.

The last years of the 1960s were very contentious as many social movements were active, including the African American Civil Rights Movement, the Counterculture of the 1960s, and antiwar demonstrations. These influences served as catalysts for the Stonewall riots.

Very few establishments welcomed openly gay people in the 1950s and 1960s. Those that did were often bars, although bar owners and managers were rarely gay. The Stonewall Inn, at the time, was owned by the Mafia. It catered to an assortment of patrons, but it was known to be popular with the poorest and most marginalized people in the gay community.

Police raids on gay bars were routine in the 1960s, but officers quickly lost control of the situation at the Stonewall Inn, and attracted a crowd that was incited to riot.

After the Stonewall riots, gays and lesbians in New York City faced gender, class, and generational obstacles to becoming a cohesive community.

On June 28, 1970, the first Gay Pride marches took place in Los Angeles, Chicago, and New York commemorating the anniversary of the riots.

Gay Pride events are held annually throughout the world toward the end of June to mark the Stonewall riots.

Today, June 24, 2011, NY state gay and lesbian committed couples cross a great milestone to being equal citizens by being allowed to enjoy the rights of marriage.

"I’m not what I want to be,

I’m not what I’m gonna be,

But thank God I’m not what I was"

NY celebrates marriage equality

(Historical details via Wikipedia):

NY state: Marriage equality to come to a vote tonight

New York state Senate Majority Leader Dean Skelos on Same Sex Marriage Legislation: "After many hours of deliberation and discussion over the past several weeks among the members, it has been decided that same sex marriage legislation will be brought to the full Senate for an up or down vote."

NY Conservative Party Chair Mike Long: "I'm sorry to say but the bill's going to pass."

Word is the 32nd vote is secured and possibly a few more.

Stay tuned kids...

NY Leaders Reach Consensus on Religious Exemptions for Marriage Equality

From the NY Times - 4:14pm on Friday: "The Cuomo administration and legislative leaders have reached agreement on language that would protect religious institutions from obligations to recognize same-sex marriage, two people involved in the negotiations said on Friday afternoon, potentially paving the way for a vote on the marriage legislation."

"Senate Republicans were still discussing the marriage bill among themselves in a close door meeting on Friday afternoon. And it remained unclear whether — and even if — they would permit a vote on the broader legislation. Assembly lawmakers, which approved an earlier version of the same-sex marriage bill last week, would need to approve the new language in a new vote before the full bill could become law."

Of course, all that being said - will the GOP state senators allow a vote on the bill???

Folks are getting frustrated with NY senate Republicans

After a week of mainly calm and respectful attendance by pro-marriage-equality supporters, nerves seem to be getting frayed as no vote is in sight on passing marriage equality.

From the NY Times: "Frustrations flared in the Capitol on Friday as Democratic lawmakers and gay rights advocates suggested that the Republicans in the state Senate were deliberately delaying a vote on whether to legalize same-sex marriage in New York."

"It was a marked change of tone from proponents of gay marriage, and it seemed to indicate that their collaborative relationship with the Republicans, in whose hands the fate of the measure rests, had begun to fray."

“It’s outrageous,” said State Senator Liz Krueger, a Manhattan Democrat. “We were sent home last night without really any explanation.”

Krueger and other Democrats inferred Republicans are stalling on the issue because they fear gay marriage will pass if the vote is put onto the floor.

Sen. Dean Skelos had indicated that he would have vote on the issue this session.

I think it's going to get ugly is they don't have this vote...

NY Times on the NY GOP inaction on marriage equality

NY Times editorial: "As we wrote this editorial on Thursday evening, we were still waiting for the New York State Senate to do what it should have done long ago — end a basic inequality under the law by allowing same-sex couples the full right to marry. The solution is obvious: Pass a clean bill that allows all adult New Yorkers to marry whomever they choose to marry, without unneeded exemptions for religious-affiliated organizations."

"Gov. Andrew Cuomo introduced a good bill, which was promptly approved by the Assembly. In the Senate, the measure seemed to be only one vote shy of passage, but Republicans have kept it from the floor."

Read more here.

Watch NY Senate Livefeed

Watch live streaming video from nysenate at livestream.com

There may be a late vote on marriage equality for NY state tonight.

for those of you outside of NY, you can watch the live feed here.

And keep your fingers crossed...

Lady Gaga & Sen. Jim Alesi - "Born This Way"

Check out this Lady Gaga mash-up that was created in honor of Senator Jim Alesi, the first NY state Republican senator to come out in support of the marriage equality bill, and his remarks at the rally yesterday.

Marriage equality in NY state - vote may happen Wednesday

Marriage equality in NY state is tied to rent control and tax cap bills, it appears.

From the Wall Street Journal: Senate Majority leader Dean Skelos said Tuesday afternoon that the framework for agreement on rent control and a tax cap had been reached. Those agreements appear to clear the way for gay marriage to be addressed separately as early as Wednesday.

Skelos, a Long Island Republican, holds great sway over which bills make it to the full Senate for a vote. He is opposed to gay marriage but says he'll let his members decide its fate.

Now that the Repubs have what they wanted on their two issues - will they let marriage equality come up for a vote tomorrow? And will one more state senator decide to stand on the right side of history?

Stay tuned.

Rally for NY Marriage Equality - Tuesday in Albany

Marriage equality in NY state is very close to happening.  If you can attend tomorrow, please do.
Click on the image for more details.

NY Gov. Cuomo Expects Passage of Gay Marriage Bill

Gov. Andrew M. Cuomo said Friday that he expected same-sex marriage legislation to be approved before the end of the legislative session next week, and indicated that to win passage of the measure he is prepared to yield to Republican concerns for greater protections of religious groups.

“I am a proponent of marriage equality,” Mr. Cuomo told reporters on Friday. “I am also a proponent of religious freedom, and separation of church and state, so these are both very important principles. I don’t see one in competition with the other.”

With signs pointing to a vote on the marriage issue in the State Senate next week, there are widespread expectations that it will pass. 31 of the Senate’s 62 members have expressed support for the measure, including two Republicans.

Other Republican lawmakers appear to be seriously considering lending their support if Mr. Cuomo agrees to amend the proposal to give greater protection to religious organizations.

The State Assembly passed the same-sex marriage bill on Wednesday.

The legislation proposed by the governor includes exemptions for religious organizations and affiliated charities or nonprofit groups to protect them from litigation if they refuse to host or provide services for same-sex weddings.

But Senate Republicans want further provisions to protect such organizations from any repercussions from state agencies, that might deny aid or benefits based on discrimination.

“Governor Cuomo has been most gracious in terms of listening to some of these concerns,” Mr. Skelos added. “I think he’s doing the right thing by doing that, and those concerns will continue to be addressed.”

Senator Stephen M. Saland, a Hudson Valley Republican who is seen as one of the most likely tie-breaking votes, is one of the lead negotiators for the Senate Republicans over the marriage issue. Both the governor and the Republicans described negotiations as cordial and productive.

Likening the prohibition on same-sex marriage to earlier bans on interracial marriage, Mr. Cuomo said he was encouraged after talks with Republican lawmakers and confident that a marriage measure and his broader agenda would both be approved next week. “This state has a proud tradition and a proud legacy as the progressive capital of the nation,” he said in a hallway outside his office. “We led the way, and it’s time for New York to lead the way once again.”

More at the NY Times.

NY State Assembly to vote on marriage equality today

In light of the fact it's passed many times in the Assembly, this vote should go well for the LGBT community.

As far as the state Senate is concerned, GOP state senators met today for several hours about the proposed bill to legalize marriage equality. No word on if there was a decision made on how they will proceed.

From the NY Times:
Senate Republican leaders said on Wednesday that they had not decided whether to take a vote on legalizing same-sex marriage, as advocates were in a full-court press to gain the one vote needed to pass the measure before Monday, the scheduled end of this year’s legislative session.

Thirty-one members of the 62-seat Senate have now publicly backed the legislation, including two Republicans who have emerged in recent days to say they would vote for same-sex marriage. The Republican-controlled chamber, where gay marriage was defeated two years ago by a wide margin, is seen as the last obstacle to the measure, which is strongly supported by Gov. Andrew M. Cuomo.

Republican senators met for four hours Wednesday to discuss the marriage issue, and, as they emerged, they said they had not reached a consensus about bringing the bill to a vote.

Should the bill pass, New York will become the sixth, and largest, state in which gay and lesbian couples can legally wed, intensifying the national debate over the role of gays in American society and adding momentum to a movement that had stalled in recent years.

Stay tuned.