Arguments heard in gay marriage case against Unitarian ministers in N.Y.

Two ministers facing criminal charges in New Paltz, N.Y., for conducting gay weddings were standing up for the couples' fundamental rights, their lawyer argued Friday. Unitarian Universalist ministers Kay Greenleaf and Dawn Sangrey were charged in March with solemnizing 13 marriages for couples without a license. The two women appear to be the first clergy nationwide to be prosecuted for marrying gay couples, according to activists. In arguing to dismiss the misdemeanor counts, attorney Stephanie Carvlin told a town court judge that the pair should not be prosecuted for laws that violate the constitutional rights of gay couples. "The essence of the case here is that same-sex couples do have the right to marry," Carvlin told town justice Judith Reichler. The ministers face the same charges that were leveled against New Paltz mayor Jason West, who drew his town into the national debate over gay marriage by officiating at a series of same-sex weddings in February. The charges against West were dismissed earlier this month by another New Paltz town justice who said prosecutors failed to prove the law West was charged with violating was constitutional. State officials have said same-sex ceremonies violate state law. Assistant District Attorney John Rusk argued Friday the case is not about the constitutional rights of the gay couples but simply about whether the ministers violated state law by marrying couples without licenses. "They are not the people who were denied licenses," Rusk said of the ministers. The two women, both in their 60s, were the first ministers to marry gay couples in New Paltz after West was sidelined by legal troubles. About two dozen ministers, most of them Unitarians, have performed roughly 170 gay weddings since then on alternating Saturdays. Prosecutors have said they have no plans to file charges against other ministers while the other cases are pending. Prosecutors are appealing the dismissal of charges against West. Reichler could make her decision next month. If convicted, each woman faces a fine of up to $500 or up to a year in jail. The two ministers missed court Friday to attend a church assembly in California.