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Thursday, March 18, 2004

PROFILE OF THE NEW PALTZ PROSECUTOR: From the New York Times

TWO stacks of paper in the desk drawers of Donald A. Williams once showed a balance of praise and criticism from a quarter-century of prosecuting crimes in Ulster County.

Thank-you letters from the victims of criminals successfully prosecuted stood in matched measure with letters critical of cases he has prosecuted. Until last week both had easily slid into a single drawer.

But since Mr. Williams, the district attorney of Ulster County, began prosecuting officiators of same-sex marriages in the village of New Paltz, letters have poured in. And hate mail has far outstripped the friendly notes. ...

Critics say Mr. Williams breached the separation of church and state by prosecuting clergy for undertaking a church-sanctioned marriage rite. Mr. Williams says he has merely prosecuted people who illegally and knowingly conducted marriages without proper licenses. They include two Unitarian ministers and Jason West, the 26-year-old mayor of New Paltz. ...

For all the horrors he has prosecuted, however, Mr. Williams said few decisions have been as difficult as prosecuting two clergy on Monday for their involvement in same-sex marriages.

BUT he repeated, as he does at any opportunity, that his prosecution deals with a very narrow issue of law that does not infringe on the separation of church and state.

"The people empowered by the state to solemnize marriages did so knowing that the couples were not licensed," Mr. Williams said. "Regardless of sexual orientation, the state has a legitimate interest in ensuring that marriages are properly licensed."

Robert C. Gottlieb, the lawyer defending the clergy, sees the charges against his clients as an act of selective prosecution.

"He has the discretion to prosecute numerous acts that are considered a crime on the New York State law books," Mr. Gottlieb said. "Adultery is technically still a criminal misdemeanor, but I don't see the district attorney going after anyone in Ulster County on that issue."

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