Gay marriage case vs. mayor dropped

ALBANY, N.Y. -- A judge yesterday dismissed criminal charges against a small-town mayor for marrying gay couples, saying the state did not show it has a legitimate interest in banning same-sex weddings.

New Paltz Town Court Justice Jonathan Katz also ruled that prosecutors did not prove that the law New Paltz Mayor Jason West was charged with violating was constitutional.

West had faced the possibility of fines or as long as a year in jail for presiding at the weddings of more than two dozen same-sex couples Feb. 27. The weddings drew the Hudson Valley village of New Paltz into the growing national debate over gay marriage.

West remains barred from marrying same-sex couples under an order issued earlier this week by another judge. But he and his lawyer, E. Joshua Rosenkranz, called Katz's ruling a major victory for gay rights.

Ulster County District Attorney Donald Williams said he disagreed with Katz's ruling and would appeal. West, 27, faced 19 misdemeanor counts of solemnizing marriages for couples without a license.