New York on The Verge of Legalizing Same-Sex Marriage
It appears that New York’s legislature is on the verge of legalizing same-sex marriage. A vote on the issue may come as early as this week. So far, 30 state senators have confirmed that they will vote for the measure, which needs 32 votes to pass. Several state senators remain undecided, or have not made public how they intend to vote, so it seems pretty likely that at least two of them will land on the side of same-sex marriage.
If this happens, New York will become the sixth state, plus the District of Colombia, to legalize same-sex marriage. It will also be, by far, the most populous state in the U.S. to allow same-sex marriage (excluding California, which allowed same-sex marriage for several months, but no longer does). Currently, same-sex marriage is allowed in New Hampshire, Vermont, Massachusetts, Iowa, Connecticut, and the District of Colombia.
New York City Mayor Michael Bloomberg, a Republican, has been an outspoken supporter of same-sex marriage for a few years now. He has even offered to endorse any Republican member of the state legislature who votes to legalize same-sex marriage, regardless of their stance on any other issue. State governor Andrew Cuomo is also a strong supporter of same-sex marriage, and has pledged to sign the bill into law, if it passes.
As things stand now, it looks like same-sex marriage in New York is pretty much a sure thing (well, as sure as a thing can be in politics). I’ve made my personal views on same-sex marriage known in the past: I am 100% in favor of marriage equality. I’m also convinced that the tide is gradually turning in favor of same-sex marriage in the United States. A recent nationwide poll shows that a majority of Americans support allowing same-sex couples to get married.
Of course, it’s going to be a long time before same-sex marriage is legal everywhere in the U.S. This is because the United States has a strong tradition of federalism, meaning that individual states retain a good deal of sovereignty, while surrendering only limited powers (such as the power to coin money, conduct foreign relations, regulate commerce between the states, among others) to the federal government. In the U.S., virtually all aspects of family law, including the decision to recognize same-sex marriage, are relegated to the individual states. For that reason, it’s likely that there will be a patchwork of laws on the subject for the foreseeable future.
Furthermore, even if every state in the Union were to legalize same-sex marriage, there is a federal law that prohibits the federal government from recognizing same-sex marriages, or offering spousal benefits to the same-sex spouses of federal employees.
In 1996, Congress passed, and President Clinton signed, the Defense of Marriage Act (DOMA). It prohibits all federal agencies from recognizing same-sex marriages, even if they’re performed in states that do recognize them. Because the federal government does not actually perform marriages, it has typically deferred to the states on the matter: if a marriage is valid under state law, it is valid under federal law. DOMA creates a major exception to this general policy.
There are many, many different federal rights and benefits that are affected by marriage, including spousal benefits for federal employees (health insurance being a big one), the right of married couples to jointly file federal income taxes, and many others. Currently, every one of these benefits is unavailable to same-sex couples, even if they are married under the laws of their state.
Until this law is repealed, or held unconstitutional by a federal court, it’s unlikely that same-sex couples in the U.S. will get full marriage rights, on par in every way with the rights and benefits afforded to opposite-sex couples.
However, with the tide turning in favor of marriage equality, it’s becoming increasingly clear that marriage equality is now a matter of “when,” not “if.”
DOMA and California’s Proposition 8 (which banned same-sex marriage in that state) are both being challenged in federal courts. The government of California has declined to defend Proposition 8 in court, and the Obama Administration is refusing to defend DOMA in court.
Furthermore, with the repeal of the military’s “don’t ask, don’t tell” policy, social acceptance of gays and lesbians (along with support for equal rights for them) will only increase.
Marriage equality in the United States may be a way off, but I’m confident that’s it’s inevitable.
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