news :: I Now Pronounce You Husband and Husband, How far is New York from Same-Sex Marriages?

by Jason Strother

Not even a month ago, the idea of two men or two women taking "the walk" down the aisle in the state of New York, let alone New York City, seemed like a distant vision for same-sex marriage supporters. The Massachusetts Supreme Court had ruled that preventing gay or lesbian couples from obtaining civil marriage licenses is unconstitutional and San Francisco’s Democratic Mayor, Gavin Newsome, was permitting dozens of same-sex couples to exchange vows. But in New York, talk of such unions weren’t anywhere near the spotlight. That all changed on February 27th in a small college town about 75 miles north of Manhattan.

The village of New Paltz’s Mayor, Jason West, performed 25 same-sex weddings that day, setting-off a frenzy of debates amongst the State Department of Health, the Attorney General and various groups in support and in opposition to the nuptials. West, a 26- year old member of the Green Party, was prepared to start a second round of marriages when he was indicted on 19 counts of solemnizing unlicensed marriages. To add to that, State Attorney General Elliot Spitzer broke his silence by declaring that same-sex marriages do, in fact, violate the state constitution. The next day, on March 4th, a State Supreme Court judge issued a temporary halt to the weddings. West accepted the ruling but pledged to "continue doing what I can to advance the cause we have undertaken."

So how far is New York from passing a law that would permanently allow same-sex marriages? According to Joe Tarver, of the Empire State Pride Agenda (ESPA), "Traditionally, historically, New York has accepted marriages coming from all over the world." That is to say, couples that tie the knot in places where same-sex marriages are permitted, such as Ontario or British Columbia in Canada, Belgium, and the Netherlands, or who have obtained a civil union in the state of Vermont, could be entitled legal recognition in New York. To further support this concept, Eliot Spitzer released a statement on March 3rd indicating that, "Under state court precedent, same sex marriages and civil unions lawfully entered in other jurisdictions outside the state should be recognized in New York." On the ESPA website, four New York cities are listed (Buffalo, Ithaca, Nyack and Brighton) that have announced they would follow Spitzer’s recommendation and grant same-sex couples married outside New York the same rights as heterosexual couples holding a marriage license.

But why not civil unions? The novel pact signed into effect by Vermont Governor Howard Dean in 2000 seems like the most reasonable option to many, including both John Kerry and President Bush. In response to that option, Tarver asserts that civil unions only qualify couples to state rights, not federal rights. For example, ESPA reports that in New York State, a couple that has obtained a civil marriage license is entitled to roughly 700 rights and responsibilities and another 1,045 from the federal government.

For every step that supports of same sex marriages take, the opposition follows at the same pace. The greatest threat to the legalization of civil marriages is a bill that would amend the United States Constitution defining marriage as a union between a man and a woman. The President has said he would endorse such a bill and has urged the Congress to pass this measure. While the amendment would stamp-out the possibility of civil marriages, Bush leaves the door open for civil unions, "The amendment should fully protect marriage, while leaving the state legislatures free to make their own choices in defining legal arrangements other than marriage." While a ban is still a long shot and it is not clear whether conservatives in the House and Senate can rack-up enough votes, there are barriers rising more close to home in the Empire State. On Sunday Match 14th, thousands of anti-same-sex marriage demonstrators rallied in front of the Supreme Courthouse in the Bronx. This was the second such rally sponsored by State Senator Rev. Ruben Diaz.

Currently, in the New York State Legislature, there are several bills addressing the issue of same-sex marriage. The Marriage Equality bill seeks to legalize marriages between any two individuals regardless of gender, while the Defense of Marriage Act would limit marriage to male and female couples. And while in New Paltz, Jason West is awaiting legal intervention before performing any more marriages; a local Unitarian Church began marrying gay and lesbian couples on March 13th. Perhaps one of the bolder moves came on March 12th when the openly gay mayor of Nyack, John Shields, his partner and 18 others went to the Orangetown clerk’s office, in Rockland County, where they were declined a license to marry. The group, referred to as the "Nyack Ten" by their lawyer, has now filed suit against both the Orangetown clerk and the state.

The controversy of same-sex marriage is a debate that is taking place on all levels. From the White House race to water-cooler chat, the issue will most likely prove to be a wedge issue in November. As for New York, married gay couples have been living within the state and technically are entitled to equal protection under the law. Tarver says ESPA will continue to educate New Yorkers about same-sex couples in order to show that the same issues that face heterosexual couples are equally important to gay couples.

"It’s quite obvious when same-sex couples are prohibited from receiving a civil marriage license, they are indeed second class citizens."

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