Another New York town clerk also found herself in a similar quandary. Laura Fotusky of Barker, NY, felt torn between her object to signing off on gay couples' marriage licenses and her desire to do the job that she's paid to do. She ultimately decided to quit. Here is part of her resignation letter:
I have been in contact with Jason McGuire from New Yorkers for Constitutional Freedoms, our Town Attorney, Richard Lewis, and a Constitutional Lawyer regarding the Marriage Equality Act that was passed June 24, 2011. There was no protection provided in the legislation for Town Clerks who are unable to sign these marriage licenses due to personal religious convictions, even though our US Constitution supports freedom of religion.I'll give Fotusky her props. At least she was upright enough to jump into unemployment and uncertainty instead of refusing to perform one of the civic duties that she was paid to perform.
I believe that there is a higher law than the law of the land. It is the law of God in the Bible. In Acts 5:29, it states, ‘We ought to obey God rather than men.’
The Bible clearly teaches that God created marriage between male and female as a divine gift that preserves families and cultures. Since I love and follow Him, I cannot put my signature on something that is against God. Deuteronomy 10:12 says, ‘…What does the Lord your God ask of you but to fear the Lord your God, to walk in all His ways, to love Him, to serve the Lord your God with all your heart and soul, and to observe the Lord’s commands and decrees that I am giving you today for your own good.’
I would be compromising my moral conscience if I participated in the licensing procedure. Therefore, I will be resigning as of July 21. I wanted you to know my position as I understand the marriage law goes into effect on July 24.
It has been a pleasure and privilege to serve the Town as Barker Town Clerk.