New York Town Clerk Refuses To Let Same-Sex Couple Get Married

WASHINGTON -- A town clerk in Ledyard, N.Y., is standing in the way of letting a same-sex couple tie the knot, even though the state legalized marriage equality in June.

Rose Marie Belforti, the town clerk for the small town of Ledyard, has publicly stated that she will not sign marriage licenses for same-sex couples and refused to do so for Katie Carmichael and Deirdre DiBiaggio on Aug. 30.

"Separate but equal is not equal," Carmichael told The Huffington Post. "We do not want to have to go in there on another day and be treated like a second-class citizen."

Shortly after New York legalized marriage equality, Carmichael and DiBiaggio began making plans to wed.

But Belforti, the publicly elected official responsible for issuing marriage licenses, refused to issue one herself and told the couple to make an appointment with a deputy town clerk. There's just one problem: There is no deputy town clerk.

Belforti has cited religious reasons that prevent her from issuing marriage licenses to same-sex couples. She is now reportedly not offering marriage licenses to opposite-sex couples either, except by appointment.

The town's government is behind Belforti, saying it cannot force her to issue licenses. Carmichael warned that support could potentially make the town complicit in breaking the law.

New York state sent out new forms this summer that change wording on marriage licenses to gender-neutral terms -- for example, switching "Groom" or "Bride" to "Spouse." Belforti told an affiliate of the conservative group Focus on the Family that she thinks there's a hidden agenda behind the forms.

"We know what a bride is, we know what a groom is -- but if we choose to be a 'spouse,' does that even limit [marriage] to a human being?" Belforti asked.

Belforti cited a law that prevents discrimination against New York employees for their religious beliefs, but a memo from the New York state government doesn't allow for any exceptions to following the new marriage law.

According to the July memo sent by the state Department of Health, "Under New York State Law the town or city clerk must provide a license to an applicant who meets all marriage requirements for New York State. It is a misdemeanor violation if the clerk refuses to do so for any reason."

The memo also read, "No government treatment or legal status, effect, right, benefit, privilege protection or responsibility relating to marriage shall differ based on the parties to the marriage being of the same sex or a different sex."

The law does not require religious entities of any kind to perform marriages for same-sex couples.

People For the American Way Foundation, a progressive advocacy group, and Proskauer Rose, LLP, a global law firm, have stepped in and sent a letter demanding Belforti either resign or begin to issue licenses. New Yorkers for Constitutional Freedoms is offering free legal support for Belforti and the town.

"Public officials can't pick and choose the laws they want to follow," Michael Keegan, president of People For the American Way Foundation, said in a statement. "If a public official simply decides to shirk the obligations of her office, then she should resign and be replaced by someone who will do the job and carry out state law."

Carmichael repeated that sentiment about Belforti: Either resign or perform her office's duties.

"She took an oath of office to uphold the law," Carmichael said. "It's part of her job, she needs to do her job."

While Belforti so far refuses to resign, other New York clerks have stepped down in opposition to the new law.

Belforti has said she has gotten angry phone calls and emails, but claimed, "If [people] want to talk to me about the issue, I would love to do that."

But when The Huffington Post called the Ledyard Town Hall on three occasions to speak with Belforti and Town Supervisor Mark Jordan, the woman who answered abruptly hung up each time. Two emails were not returned.

"We're hoping that we will be vindicated, that we stood up for what is right for all people and certainly put our necks out for everyone, because no one should have to go through this," Carmichael said. "It's demeaning, degrading and bottom line, it's discrimination."

Carmichael said town residents have been very supportive, as have other town clerks they've spoken with. At this point, she and DiBiaggio are exploring what legal options remain and indicated they would not be giving in any time soon. The couple's ultimate goal is to walk into the same town clerk's office and have their marriage license issued where it was once denied.

CORRECTION: An earlier version of this article erroneously stated that New Yorkers for Constitutional Freedoms is offering free legal support to the couple. The group is offering legal support to Belforti and to the town of Ledyard.

Comments

[vt1976]

06:55 PM on 11/01/2011

Gosh, I love to read the Huffington Post. I guess this is where the "Civil Rights" of some trump the Constitutional Rights of all. The fallacy of the Civil Rights Movement was that it changed the focus from the Constitutional Rights of the black community to a contrived concept that opened the door for every victim group to walk on through. That is why there is no comparison between the two movements.

[Kenner]

05:06 PM on 09/29/2011

I don't get this. Carmichael states she wants to do what is right for "all people". Yet she is perfectly comfortable with ignoring this clerk's strong religious objections. Since when is that right ? I will state out front that I am not in favor of gay marriage for the same reasons that the clerk stated. However this sounds like the clerk is trying to accommodate everyone and obey the law. This thread is not sound very balanced.
-Regards

[camanokat]

12:50 PM on 10/03/2011

How does a gay couple getting married affect you at all?

Fire her now.

[MissKaren]

11:42 PM on 09/21/2011

Why does this woman have her job? Can't she go to work for the local church or something and feel safe in her self righeousness?

[Atwill]

08:50 AM on 09/21/2011

I have no idea how long this thumpper worked for the county, but she needs to be fired and her pension and all other benefits denied. let her work as a greeter at the next Westboro demonstration.

[Atwill]

08:16 AM on 09/21/2011

She is willingto talk it out? ahahhha. no bible thumper I have ever known wants to "Talk about it." They want to preach. they want to have their say only. they will go on and on abou the bible and not let anyone else get in a word. and as soon as you can get in a word they always say, "Oh no, i dont want to talk about it anymore." and walk away. meaning they want to talk, not listen. They are all like this. ALL.

[Atwill]

08:05 AM on 09/21/2011

She says "If people want to talk to me about the issue." Bull. Fire her , now. there is no talk. GET OUT. YOU ARE FIRED.

[r henry]

05:49 PM on 09/20/2011

Stories like this make me so angry. Do we even know their human beings? Do people like this really think there is some secret gay agenda to marry our pets? It's overwhelming sometimes.

[martinez michi]

10:15 AM on 09/20/2011

pretty sure user posting as "capercaper"is Belforti

[capercaper]

10:41 AM on 09/20/2011

LOL.

No, I am not Belforti.

[norepublicanleftbehind]

02:07 AM on 09/21/2011

Seems like it.

[capercaper]

07:18 PM on 09/19/2011

All couples (os or ss) who inquire with the Ledyard Town Clerk's office for a marriage license are told they need to make an appointmen­t with deputy clerk Susan Radcliffe and given her number.

The gay couple were told they had to make an appointmen­t and offered the number. So far they have declined to make an appointmen­t.

It appears they concluded that they were being treated differentl­y than os couples, which is untrue.

They are liars. They have NOT been refused a marriage license -- they have refused to apply for one via the same process other ss and os couples must.

Obviously they don't support equality.

[kristiemaureen]

02:18 AM on 09/20/2011

The article indicates that at the time they were denied a license, there was no deputy clerk. It also states that since that time, Belforti has ceased providing any licenses which indicates that she did, in fact, provide licenses herself prior to this case.

Do you have information from another source that provides more detail?

[capercaper]

08:33 AM on 09/20/2011

Yes I do, and have posted multiple sources multiple times in this thread with links.

Here is one that confirms there IS (and has been) a deputy clerk for the office of Town Clerk.

http://www.syracuse.com/news/index.ssf/2011/09/same-sex_couple_threatens_lega.html

The article is (intentionally?) incorrect.

It's a much "better" lgbt story if the couple was actually DENIED a license, which they weren't.

[villlager]

06:25 PM on 09/19/2011

This clerk has a right to her beliefs but she does not have a right to refuse to do her job.
This is a legal issue, not a religious one. If she will not isue the license, she must resign.

[navalvet]

06:02 PM on 09/19/2011

A poster has made reference to New York Law obliging accommodation for religious beliefs. This is a limited right, which does not include not performing the tasks in a job title. In other words, I doubt that accommodation includes nonfeasance.

[capercaper]

06:59 PM on 09/19/2011

New York law requires an employer to accommodate a religious
observance or practice, “unless, after engaging in a bona fide effort, the employer
demonstrates that it is unable to reasonably accommodate the employee's or
prospective employee’s sincerely held religious osbservance or practice without
undue hardship.” Executive Law § 296

This law "represents a legislative expression of the high value that our State places on supporting and protecting
[religious diversity] and in prohibiting invidious discrimination based on religious
choice. The statute “ensures that no citizen will be required to choose between piety
and gainful employment, unless the pragmatic realities of the work place
accommodation impossible.”
of Human Rights, 89 N.Y.2d 79, 88 (N.Y. 1996)

Notwithstanding any other provisions of this article, the clerk of any
city with the approval of the governing body of such city is hereby
authorized to designate, in writing filed in the city clerk’s office, a
deputy clerk, if any, and/or other
receive applications for, examine applications, investigate and issue
marriage licenses in the absence or inability of the clerk of said city to
act, and said deputy and/or employees so designated are hereby vested
with all the powers and duties of said city clerk relative thereto
Domestic Relations Law § 15(3)

In light of this provision, a municipality’s governing body would have little basis to refuse a clerk’s request that his or her religious beliefs be accommodated.

[capercaper]

07:23 PM on 09/19/2011

The citation for the second para should read:

New York City Transit Auth. v. State, Executive Dept., Div of Human Rights [etc]

[truth be told again]

11:28 PM on 09/20/2011

It isn't about the employer; it's about the employee - not doing her job.

[Tolms]

04:43 PM on 09/19/2011

If she feels that strongly she should quit her job.

[x 2day]

11:32 AM on 09/19/2011

If i refuse to do my job, i get fired. hm.... strange world, we live in.

[General Public]

10:07 AM on 09/19/2011

Incompetent ideologues like Rose Marie Belforti are unfit to hold public office. I hope an angry mob chases Rose Marie Belforti out of Ledyard, N.Y. with pitchforks and torches.

[Vanessa in DC]

10:36 AM on 09/19/2011

And put the video on You-Tube......."PLEASE"

[Tracy Fortune]

11:12 PM on 09/18/2011

"Belforti has said she has gotten angry phone calls and emails, but claimed, "If [people] want to talk to me about the issue, I would love to do that."

Yes, talk to her- but try to remember she'll be busy hoping for & taking pleasure in (as I imagine these types doing) imagining all the gay-folk burning in hell...won't hear a word you say, won't change her mind in any way...

[r henry]

05:53 PM on 09/20/2011

I have found that "talking about" with these people really means listening to them proselytize.

[Atwill]

08:11 AM on 09/21/2011

I agree. they dont want to TALK or LISTEN. they want to preach. just try getting in one word. and when you finally do they always say "I dont want to hear it" and turn away.