Jason West was charged with solemnizing marriages for couples who had no licenses, a misdemeanor under the domestic relations law, according to Ulster County District Attorney Donald Williams.
Although West could face a maximum penalty of a year in jail, the prosecutor said a jail term wasn't being contemplated at this point.
The 26-year-old Green Party mayor said he will plead innocent at his court hearing Wednesday and that he would still go through with his plans to marry as many as two dozen gay couples Saturday.
"I'm incredibly disappointed," West said. "Apparently, it's a crime to uphold the constitution of New York state."
West performed wedding ceremonies for 25 gay couples Friday, making him the second mayor in the country to perform same-sex marriages. It also made this small college village 75 miles north of New York City another flash point in the national debate over gay marriage. More than 3,400 couples have been married in San Francisco and West has about 1,000 couples on a waiting list.
Absent jail, punishment for the misdemeanor could run from a $25 to $500 fine. Williams said he still did not know whether West performed the marriages of his own accord or after getting bad legal advice.
"If he's doing it sincerely out of a moral conviction and out of some naive misunderstanding of the law, then that would enter into the equation," the prosecutor said.
Williams said the misdemeanor complaint lists 19 charges — instead of 25 for the number of weddings performed — because police at the scene provided eyewitness accounts of only 19 ceremonies. He said more charges are possible.
With West vowing to go through with more gay weddings, opponents had hoped Williams would act to stop him. But he said he did not have the legal power to do that, only to file charges after the fact.
West said the prospect of further punishment does not deter him, adding that the newlywed couples inspire him.
"Just the looks on their faces, just the absolute joy of finally being able to be equal," he said. "That is the highest moral calling I could possibly imagine."
State Sen. Thomas Duane, a Manhattan Democrat and one of three openly gay state lawmakers, called Williams' actions "malicious."
"Does the Ulster County D.A. really want to put someone in jail for recognizing long-term relationships between people?" he said. "Does he really want to put in jail someone who recognizes same-sex families? Really, the Ulster County D.A. should be prosecuted for malicious prosecution, which is a felony in New York."