This memorandum from the Alliance Defen named recipients only. Because ADF is a leg may include metadata, that is confidential, p law. If you have received this memorandu delivering this memorandum to a named reproduction of this memorandum or its co immediately notify the sender and permane COMMUNICATION/ATTORNEY WORK P communication was not written and is not Revenue Code or (ii) promoting, marketing, o

M

 

TO: New York Mun FROM: Alliance Defen DATE: July 15, 2011 RE: Your Right to Religious Belie Sex Couples.

Introduction

 In light of New York’s r couples, many municipal cle with a serious dilemma: eith license to same-sex couples some public officials, includi But that view is not nec that the narrow religious ex “marriage” bill do not contai disturbing that public offici held beliefs even though mil between a man and a woma sincerely held religious belieto accommodate those belief  And because New York law duties concerning marriage employee, a city or town sho accommodation. It should be do not object to issuing and

se Fund and any accompanying documents or embedded messa al entity engaged in the practice of law, this communication cont rivileged, attorney work product, or otherwise protected from disc in error, are not a named recipient, or are not the employee o ecipient, be advised that any review, disclosure, use, dissemi ntents is strictly prohibited. If you have received this memor ntly destroy the content. PRIVILEGED AND CONFIDENTIAL RODUCT. IRS CIRCULAR 230 DISCLOSURE: Any tax ad intended to be used for the purpose of (i) avoiding penalties i recommending any transaction or matter addressed herein.

 

M O R A N D U M

 

icipal Clerks Responsible for Issuing Mar e Fund equest An Accommodation of Your Since s Concerning Issuance of Marriage Licen cent redefinition of marriage to include s ks and other employees believe that the er violate their consciences by issuing a r resign. Sadly, that view has been perpe ng Governor Cuomo. ssarily correct. It is true—and very disa mptions enacted by the Legislature in th n any individual conscience protections.

 

ls have so blithely dismissed New Yorkerions of New Yorkers believe that marria . But New York law does protect an emp fs. New York’s Human Rights Law requi , unless it places an undue hardship on t xplicitly allows a municipality to delegat icenses to a deputy clerk or any other m uld have no reason to deny a clerk’s requ a simple matter to delegate those duties igning marriage licenses for same-sex co

 ges is intended for the ins information, which losure under applicable r agent responsible for ation, distribution, or ndum in error, please  ATTORNEY-CLIENT ice contained in this posed by the Internal

riage Licenses ely Held ses to Same- me-sex are faced arriage tuated by pointing—  e same-sex ndeed, it is s’ sincerely e is only oyee’s res employers he employer. e a clerk’s nicipal st for an to others who ples.

 

 

Thus, as explained belo belief that prevents them fr the right to request an acco

New York Law Requires Religious Beliefs

New York law requires observance or practice, “unl demonstrates that it is unab prospective employee’s since undue hardship.” Executive expression of the high value [religious diversity] and in p choice. The statute “ensures and gainful employment, un accommodation impossible.”

of Human Rights

, 89 N.Y.2d  As news reports indicat violate the sincerely held rel fundamental change in New surprise, and it would be un continued employment and But municipalities shou beliefs, without forcing the the clerk’s duties in issuing other municipal employee. Notwithstanding any city with the approval authorized to designa deputy clerk, if any, a receive applications f marriage licenses in t act,

and said deputy with all the powers a

Domestic Relations Law § 1 municipality’s governing bo his or her religious beliefs b employee issue marriage lic provision is very broad and requesting an accommodatio including signing the license 2 , municipal clerks who have a sincerely m issuing marriage licenses to same-sex modation from their governing bodies.

mployers to Accommodate Sincerel

n employer to accommodate an employee ss, after engaging in a bona fide effort, t le to reasonably accommodate the emplo rely held religious observance or practice Law § 296(10)(a). This law “represents a that our State places on supporting and rohibiting invidious discrimination based that no citizen will be required to choose less the pragmatic realities of the work p

ew York City Transit Auth. v. State, Ex

79, 88 (N.Y. 1996). , issuing marriage licenses to same-sex c igious beliefs of many clerks. The abrupt  York’s definition of marriage caught ma air for a municipality to force a clerk to cis or her religious belief. d be able to easily accommodate clerks’ r into that dilemma, since New York law arriage licenses to be delegated to a dep other provisions of this article, the clerk of the governing body of such city is here e, in writing filed in the city clerk’s office nd/or other city employees in such office t r, examine applications, investigate and he absence or inability of the clerk of said

nd/or employees so designated are hereb d duties of said city clerk relative thereto

. (3) (emphasis added). In light of this pro y would have little basis to refuse a clerk accommodated by having a deputy clerk nses to same-sex couples. Moreover, bec

 

llows

all

 of a clerk’s duties to be delegate n should be entirely removed from the pr s. eld religious couples have

held

’s religious e employer ee’s or . . . without egislative rotecting on religious between piety ace make

c. Dept., Div.

uples would but y clerks by hoose between ligious ermits all of uty clerk or f any by , a o ssue city to

vested

ision, a ’s request that or other city use the d, a clerk ocess,

 

 

 What Clerks Should Do T

 Any clerk who wishes to religious beliefs concerning i promptly make a formal req accommodation. Your reque Executive Law § 296, and th allowing all of a clerk’s duti issuing marriage licenses to religious belief that marriag should say that an acceptabl or other city employee all of to same-sex couples.  You should also ask for a municipality refuses your Defense Fund, and we will r pursue an accommodation t other questions, please cont Here is a sample letbody of your municipality: Dear Mayor and City Counc As clerk of this munic licenses within this jurisdic same-sex couples to obtain in the definition of marriage because I have a sincere a between a man and a womato change the law. But if I same-sex couple, it would belief and observance. 3

o Request An Accommodation

 request an accommodation of their since ssuing marriage licenses to same-sex cou est to their municipality’s governing bod t does not need to be long, but you shoul e provision under Domestic Relations La s to be delegated. You should also clearly same-sex couples would violate your sinc e is only a union of a man and a woman. e accommodation would be to delegate to the duties related to the issuance of marr rompt action on your request, as is requi equest, you should immediately contact

 

eview your situation and advise you on y rough litigation at no charge to you. If y ct us right away. ter requesting an accommodation from l: ipality, my office is responsible for isstion. On July 24, 2011, New York will tate marriage licenses, which is a funda in this state. This change puts me in a s d deeply-held religious belief that marri . I recognize, of course, that I do not hav ere forced to issue and/or sign a marria iolate my conscience and my sincerely ely held ples should y for an cite § 15(3) explain that rely held nd you a deputy clerk iage licenses red by law. If he Alliance ur right to u have any the governing uing marriage begin allowing mental change rious dilemma age is a union e the authority e license for a held religious