Keep in mind that the couple lives in Root, NY, and pay local taxes in Root, NY. It's ridiculous that they needed to go somewhere else to complete something that should have been available for them to do at home! Hurd and Toften eventually filed a lawsuit against the Town of Root, arguing that the refusal was a violation of New York's Marriage Equality act, as well as federal and New York state civil rights laws and constitutional protections.
Earlier this week, the Town of Root settled with the same-sex couple. The settlement includes a $25,000 cash settlement and a public acknowledgement that all eligible couples should be issued marriage licenses by their town cleark, regardless of sex or sexual orientation.
For the record, the "unfortunate incident" referenced by Ms. Eriksen was her own refusal to issue a marriage license to the couple.In my capacity as town clerk, it is my responsibility to provide marriage licenses to all couples, regardless of sex or sexual orientation, so long as they meet all applicable New York State legal requirements. As such, my office, and I personally, will issue marriage licenses to any couple, without exception, who is legally entitled to be issued one. On July 30th of last year, there was an unfortunate incident involving Mr. Thomas Hurd and Mr. Dylan Toften who came to my office seeking a marriage license. I am sorry for any harm or inconvenience my actions caused the couple.
Still, it was good that she actually issued a formal statement and apology. That's more that we usually receive is such circumstances.