Gay marriage is still not legal in New York, where the Smolen/Rosen “marriage” is to take place. Therefore they cannot get a marriage license in Nassau County or any other county in that state. Consequently a rabbi cannot perform a legal ceremony recognized by the State of New York. As a result the rabbi should not perform this marriage. For the same reason, The Jewish Standard was wrong to publish the announcement. I do not believe that such a marriage is legal under Jewish law as well, nor would such a marriage be legal in New Jersey. The parties should wait until the law changes.