Nassau County District Attorney Kathleen Rice (photo credit: New York NOW)
Kathleen Rice, the Nassau County District Attorney who ran as a tough, law-and-order attorney general candidate last year, is warning clerks they could face “criminal prosecution” if they refuse marriage licenses to same-sex couples after July 24.
In a letter to clerks today, Rice said the religious protections within the same-sex marriage legislation are “inapplicable to town and city clerks” and refusal to serve gay couples “may constitute Official Misconduct.”
Letter after the jump.
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Unfortunately, Ms. Rice got her facts wrong. The clerk never said she would refuse same-sex marriages. The clerk instead stated that she did not want her name signed on them and would rather have a deputy clerk or representative of the clerk’s office sign the certificate instead.
The Post Standard said that the clerk changed her story after talking tough and being smacked down by two State Senators. She made headlines for threatening to defy the law– and if she didn’t want to, then she shouldn’t have done interviews with Politico and the Post Standard.
Whatever she said, if she can’t do her job, then she should resign. It’s good that DA Rice is putting some teeth behind this law. If clerks don’t follow the law– or need to delegate their work to others because of their personal views that violate the law– they should leave or face charges. If I couldn’t do my job because of my personal views, I’d be fired.