New York Clerk Accommodation Memo

8/6/2019 New York Clerk Accommodation Memo

http://slidepdf.com/reader/full/new-york-clerk-accommodation-memo 1/5

This memorandum from the Alliance Defennamed recipients only. Because ADF is a legmay include metadata, that is confidential, plaw. If you have received this memorandudelivering this memorandum to a namedreproduction of this memorandum or its coimmediately notify the sender and permaneCOMMUNICATION/ATTORNEY WORK Pcommunication was not written and is notRevenue 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 necthat the narrow religious ex

“marriage” bill do not contai

disturbing that public officia

held beliefs even though mil

between a man and a woma

sincerely held religious belie

to accommodate those belief

And because New York law

duties concerning marriage

employee, a city or town sho

accommodation. It should bedo not object to issuing and

se Fund and any accompanying documents or embedded messaal entity engaged in the practice of law, this communication contrivileged, attorney work product, or otherwise protected from disc

in error, are not a named recipient, or are not the employee oecipient, be advised that any review, disclosure, use, dissemintents is strictly prohibited. If you have received this memorntly destroy the content. PRIVILEGED AND CONFIDENTIALRODUCT. IRS CIRCULAR 230 DISCLOSURE: Any tax adintended to be used for the purpose of (i) avoiding penalties irecommending 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 disamptions enacted by the Legislature in th

n any individual conscience protections.

ls have so blithely dismissed New Yorker

ions 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 mu

uld have no reason to deny a clerk’s requ

a simple matter to delegate those dutiesigning marriage licenses for same-sex co

ges is intended for theins information, which

losure under applicabler agent responsible foration, distribution, orndum in error, please ATTORNEY-CLIENTice contained in thisposed 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 whoples.



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 “ensuresand 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 thethe 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 anDomestic 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 chooseless 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 c

is or her religious belief.

d be able to easily accommodate clerks’ r

into that dilemma, since New York lawarriage 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, beca

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 pietyace 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 ipromptly 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 fora municipality refuses your

Defense Fund, and we will r

pursue an accommodation t

other questions, please cont

Here is a sample let

body 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 an

between a man and a woma

to 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 couest 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 requiequest, 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 iss

tion. 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 shouldy 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



Therefore, I am reque

observance regarding the is

Executive Law § 296(10)(

accommodate my sincerely

would impose an undue har

Exec. Dept., Div. of Huma

Executive Law § 296(10) “en

piety and gainful employm

make accommodation impos

The accommodation tha

law and would therefore not

states:

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 a

with all the powers a

I am therefore reques

or other city employee to iss

for same-sex couples. I am a

4

ting that you accommodate my religi

suance of marriage licenses to same-sex

a). As you are aware, this law requ

held religious observance, unless the

ship. Id.; see also ew York City Transit

n Rights, 89 N.Y.2d 79, 88 (N.Y. 1996

sures that no citizen will be required to

ent, unless the pragmatic realities of t

sible.”)

t I am requesting is already provided fo

cause undue hardship. Domestic Relatio

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 theret

ing that you authorize me to designate a

e and sign marriage licenses within this

so requesting prompt action on this requ

us belief and

couples under

ires that you

ccommodation

Auth. v. State,

) (noting that

hoose between

he work place

r in New York

ns Law § 15(3)

f any

by

, a

o

ssue

city to

vested

.

deputy clerk

jurisdiction

est, as



required by Executive Law §

July 24, 2011.

Thank you very much

religious belief. I am confide

my office or the rights of an

as provided by law.

5

296(10), given the impending change in

in advance for accommodating my sincer

nt that this accommodation will not impe

one within the jurisdiction to obtain a m

Sincerely,

[Name]

he law on

ely held

de the work of

rriage license

New York Clerk Accommodation Memo

Documents

Transcript of New York Clerk Accommodation Memo