NY should allow gay marriage, now

 

From the Web, May 26, 2011

 

When it comes to legalizing same-sex marriage in New York, one could logically conclude it's not a question of "if" but "when."

And to that question, the answer should be "now."

New York has waited long enough.  Other states — including Massachusetts, Connecticut, Iowa, Vermont and New Hampshire — have recognized what Gov. Andrew Cuomo, New York City Mayor Michael Bloomberg and so many others have been saying:  Allowing gays to marry is a matter of basic fairness and equality.

Keep in mind that the states that have taken this important step have done so without any major repercussions or dire consequences.

Legislation to legalize same-sex marriage in New York has passed the state Assembly before but has failed in the Senate.

None of the four state senators from this area — Republicans John Bonacic of New Hope, Greg Ball of Patterson, William Larkin of Cornwall and Steve Saland of Poughkeepsie — is on record supporting gay marriage.

But Ball and Saland say they are keeping an open mind on the subject and haven't made a decision should the matter come up for vote again.  They have previously voted against it, with Ball's decision coming when he was in the Assembly.

For the record, state Assemblymen Kevin Cahill, D-Kingston, and Joel Miller, R-Poughkeepsie, support gay-marriage legislation.  Assemblymen Marc Molinaro, R-Red Hook, Thomas Kirwan, R-Newburgh, and Steve Katz, R-Yorktown, do not.

There is, for certain, an understandable uneasiness about the issue for many.  Gay marriage goes against many people's religious teachings and upbringings, and changes of this magnitude are not always easy to accept.

Same-sex marriage is opposed by many Catholicism, Islam and Orthodox Judaism.  But supporters of gay marriage rightly note it's not a question of religion or culture, but a question of legal rights and government policy.  And there simply is no sound legal argument for the government to prohibit gay couples from having the same rights and liberties as straight couples.

As the legislative session moves toward a June 20 ending, Cuomo has been touring the state to push lawmakers to adopt a bill legalizing gay marriage.

In a video, he says, "From the fight for women's suffrage to the struggle for civil rights, New Yorkers have been on the right side of history.  Indeed New Yorkers have made history.  But on the issue of marriage equality, New York has fallen behind."

That is a tragically accurate assessment.

While allowing civil unions could alleviate some shortcomings in current law, gay-rights organizations note such a status could create confusion in the public's mind and certainly doesn't carry the same weight or respect as marriage.  They are correct in those assessments.

 

In fact, in a compelling report a few years back, the New York City Bar Association and Empire State Pride Agenda identified numerous aspects of state law that either outright deny rights to gay couples or needlessly complicate their lives, essentially turning them into second-class citizens.  These matters range from dealing with health-care benefits as a family matter, to having spousal privilege and protections in legal proceedings.  Surviving partners are particularly vulnerable at the worst possible time, following the death of their loved one, when inheritance rights, wrongful-death claims, etc., are not as clearly defined as they are for surviving spouses in a traditional marriage.

How overwhelming are the inequities from a legal standpoint?  Consider the bar association's 106-page report titled "1324 reasons for Marriage Equality in New York State."

Surely, in their roles as leaders, state lawmakers can come up with some others, none more important than it's the right thing to do under the very definitions of fairness and equality.

 

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