(CNSNews.com) - A New York appeals court has upheld a lower-court ruling, barring New Paltz Mayor Jason West from marrying same-sex couples.

A five-judge panel ruled on Thursday that West lacked the authority to solemnize same-sex marriages because state law allows only marriage between one man and one woman.

The lawsuit against Mayor West and the village of New Paltz was brought by the Liberty Counsel on behalf of Robert Hebel, a New Paltz Village trustee.

Earlier, a lower court judge issued an injunction stopping the mayor, and Thursday's ruling supported that decision.

In its opinion, the appeals court wrote that Mayor West's actions violated the separation of power.

Here, West robed himself with judicial powers and declared the marriage laws of this State unconstitutional. Having concluded that the Legislature violated the constitution, he then wrapped himself with that body's power and drafted his own set of documents for licensing marriages. In so doing, he clearly exceeded his role as a village mayor."

Mathew D. Staver, president and general counsel of Liberty Counsel, agreed that "renegade mayors and rogue public officials do not have the authority to violate clearly established marriage laws."

Staver believes that the preservation of marriage is vital, since social stability depends on the strength of families. "To the extent we weaken marriage and family, we destabilize our communities and damage our children," he said.

"Law-breaking mayors have no right to undermine marriage. The people must decide this issue once and for all by passing state and federal constitutional amendments to protect marriage as the union of one man and one woman."

In the past 18 months, Liberty Counsel said it has defended almost 40 marriage cases throughout the country.


See Earlier Story:
Mayor Charged With Performing Illegal Marriages (3 Mar. 2004)

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