I have a kind of basic question about this aspect of the issue. If a minister officiates at a 'wedding' ceremony where there is NO marriage license, and therefore, no actual intent to legally marry a couple, how is that illegal? In my clerical alter-ego, I will happily conduct handfastings/commitment ceremonies to any couple who so desires. There is no intent to legally marry. The friggin' state has nothing to do with it. It would seem like a heeeeuge first amendment obstacle for the DA to overcome.
http://www.nydailynews.com/front/breaking_news/story/173813p-151452c.html
"Two Unitarian Universalist ministers were charged Monday for marrying 13 same-sex couples, thrusting the clergy into the legal battle over gay marriage in New York.
Ministers Kay Greenleaf and Dawn Sangrey were charged with multiple counts of solemnizing a marriage without a license, the same charges leveled against New Paltz Mayor Jason West who last month drew the state into the widening national debate over same-sex unions."