Same-sex marriage license no big deal in Cobleskill

8/8/2018

By Patsy Nicosia

Governor Andrew Cuomo has asked New York’s Division of Human Rights to look into a Montgomery County town clerk’s refusal to grant a marriage license to a same-sex couple.
But for Cobleskill Town Clerk Tina Shuart, it was just another day—and just another marriage license—when she issued the license for Dylan Toften and Thomas Hurd after they said Town of Root Clerk Laurel Eriksen refused to do so 10 days ago.
Ms. Ward is a longtime Cobleskill clerk and past president of the New York State Town Clerk’s Association.
Same-sex marriages have been legally recognized in the state since 2011, when the Marriage Equality Act was passed by the Legislature and signed by Governor Andrew Cuomo.
“All clerks take an oath of office to serve the public and uphold the Constitution of the United States and the Constitution of the State of New York,” Ms. Ward said Thursday.
“There are no provisions for objecting on religious or moral grounds.”
In a Facebook post that’s gone viral and prompted promises by dozens to attend the Root Town Board meeting tonight, Wednesday, Mr. Toften said Ms. Eriksen told them she could not issue them a marriage license due to her religious beliefs and suggested they make an appointment with her deputy clerk, who was “off” that day.
Both are part-time.
Town Attorney Robert Subik has said there were two reasons Ms. Eriksen refused to issue the marriage license.
The first is that she requires an appointment for marriage licenses—though that fact isn’t noted on Root’s website—and the second because of her religious objections.
Ms. Ward, who is fulltime, said she appreciates appointments, but doesn’t require them; the process typically takes 20-40 minutes, depending on the situation, she said.
In the case of Mr. Toften and Mr. Hurd, she said they had business in Cobleskill and called ahead and they agreed to a time that would work for all of them.
Josh Kilmer-Purcell, one of the founders of Sharon Springs’ Beekman 1802, has offered to meet with Root officials to discuss the economic benefits—and necessity—of diversity and the negative impact of bad PR.
“We vigorously defend everyone’s Constitutional right to free speech and religious freedom and ultimately respect anyone’s decision on how they exercise those rights, but we hope that people would consider the damage done to their neighbors,” Mr. Kilmer-Purcell said.
“Making the news in a negative way and attracting the ire of the Governor’s office effectively means the Town of Root will be shunned for any state (and possibly federal) grants…because, frankly, businesses and tourists don’t want to visit a place where everyone isn’t treated equally,” especially in a region that depends more and more on attracting outside investment, grants, and industry…”
The Governor’s office has already weighed in on the issue.
“Personally, I cannot believe this could happen anywhere in the country, let alone in the State of New York,” Governor Cuomo said.
“Marriage equality is the law of the land, and it has been in New York since we were the first big state to pass the Marriage Equality Act in 2011. I am directing an investigation into this incident to make sure it never happens again.”
Governor Cuomo also offered to officiate at the couple’s wedding, set for August 18.