[ExTxMarine]

Second, I'm not sure how this protects the rights of the gay couple. If another coupple, heterosexual, were to walk in and had the document signed, while the gay couple was waiting, would you consider that equal treatment under the law.

That will not happen. The arrangement which was made setup a schedule for ALL marriage licenses to be signed by the deputy, with a set, posted scheduled of days available and hours of operation.

Last I checked, there is no requirement for city, town, etc... offices to be available 24 hours a day just so that lesbian and homosexual couples can get married.

In my little town, we can only get safety/building inspection permits issued on Mondays and Tuesdays. The city inspectors only work on Wednesdays and Thursdays. Inconvenient at times, but not a travesty as this couple is making it to be!

[csense]

That will not happen. The arrangement which was made setup a schedule for ALL marriage licenses to be signed by the deputy, with a set, posted scheduled of days available and hours of operation.

I doubt it's this simple. If the position of Town Clerk allowed her to legally pass these duties on to some other entity within local government as a matter of policy, she wouldn't need a lawyer or the argument that New York is required to accommodate her religious beliefs.