Wednesday, June 22, 2011

Marriage Equality in New York this week?

This week New York state legislators in Albany are struggling to decide whether to allow for a vote on a law that would legalize marriage for same-sex couples in the state.  Many proponents of the bill believe it would clear the state senate if put to a vote, as 29 out of 30 Democrats are in favor, as are a handful of Republicans.  Even more Republicans admit they are undecided and have not as of yet opposed the legislation.  New York’s State Senate counts only 62 members.

This past legislative session in Annapolis, state delegates and numerous groups tried to pass a similar piece of legislation for same-sex couples in Maryland.  Though a version did clear the senate with relative ease, the house bill could not garner enough support to be voted upon, and was sent back to committee. 

In Albany as in Annapolis, the same pivotal issue clouds the greater picture: exemptions for religious groups who do not want to marry same-sex couples or who refuse to permit such couples to celebrate their marriage at their facilities.  In addition to that point, opponents of marriage equality bills also would like religious exemption for non-religious groups, such as caterers and banquet halls who would refuse to work with same-sex couples on their wedding day.  This would of course then establish a certain prioritization of rights, putting those of business owners ahead of those of the happy couple.  It also risks raising certain questions of constitutional law, with contractual relationships being dragged into the realm of 1st Amendment rights.

What we all must remember in this debate in Maryland, in New York, and across the country, is that this is not a question of redefining marriage.  Married heterosexual couples will still be married, regardless of whether or not same-sex couples can do the same.  This is also not an issue of the State infringing upon the rights of the church.  A decision rendered in Albany or in Annapolis would only affect civil marriage between two citizens of the same sex.  Already, millions of heterosexual couples are married every year in a civil, non-religious setting, and a law legalizing same-sex marriage would only expand this same ability to all couples.  Houses of worship will always have their own rules and beliefs on marriage, regardless of the state’s civil marriage laws.

What also cannot be forgotten is that this is a matter regarding the happiness and future of couples in every state of this country.  It is not a question of creating a new holiday, or changing when the clocks go back, or even budgeting highway funds.  It is a question of whether a state allows couples who love each other to come together in marriage, or whether a state stands in the way of their happiness and their future together.  The questions citizens of all states must ask themselves now is which of those states could they support and live in.

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