New York Legalizes Same-Sex Marriage

If activists want a model for precisely how to legalize same-sex marriage, look to New York. Cuomo orchestrated in such a way so as to pass it through a Republican-majority state senate. Remarkable.

Gay couples and proponents of gay rights have a reason to celebrate tonight, as the New York State Senate has passed a bill that allows same sex marriage.

New York will be the sixth, and largest, state in the union to adopt gay marriage. The bill will take effect 30 days after governor Andrew Cuomo signs it into law.

The decision, which passed 33-29, was the culmination of weeks of contentious debate and negotiations between Governor Cuomo and the GOP-controlled Senate.

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  • http://ninure.tk Ninure

    BTW: No churches were/have been FORCED to allow/forced to do/forced to recognize inter-racial marriages. Nor have any been FORCED to do marriages for non-members. Roman Catholics cab refuse to do marriages for divorced persons…

    • laddieluv

      Religions are so loving and caring and understanding and compassionate and “fair,” aren’t they?

      Blech.

      • http://ninure.tk Ninure

        Well…

        Jesus Christ was harassed and killed bt the political and religious conservatives of His day….

  • Ned F

    Pretty amazing. Next stop Alabama! eek.

  • The_Dork_Knight

    I admit to being confused by the amendment they spent so much time arguing about, that states that no church could be made to perform gay marriages or be sued for discrimination for not. As I have never heard anyone argue that churches should be made to perform gay marriages against their will, and we still have that whole seperation of church and state thing, it seemed kind of redundant to me… but whatever! Unfortunately we here in California have allowed Mormons to trick us into enshrining descrimination into our constitution to say nothing of the reality that there are a large swath of marriage rights that come only from the federal government. The Feds can’t just pass the buck to the states and hope this whole issues goes away because they dont want to or can’t deal with it.

    • http://www.politicalruminations.com/ nicole

      there are a large swath of marriage rights that come only from the federal government.

      I am not familiar with laws re “marriage rights”, could you please provide a few examples of marriage rights that are granted only by the Fed government? Trying to educate myself here. :-)

      • The_Dork_Knight

        According to a report given to the Office of the General Counsel of the U.S. General Accounting Office, there are 1,138 benefits the United States government provides to legally married couples. For example, the federal goverment will allow immigration of persons who marry a foreign citizen, but not if the federal goverment does not recognize the marraige. I am also confused as to how the Good Faith and Trust Clause of the Constitution is not being violated if legal contracts (that is, marraiges) are not being recognized in other states. The Federal Govenment cannot stay out of this issue.

        Regardless, a brief rundown is here:
        http://en.wikipedia.org/wiki/Rights_and_responsibilities_of_marriages_in_the_United_States

        and a google search will turn up tons of info on this subject.

        Adding: You can download the actual report here:

        http://www.hrc.org/issues/5540.htm

        • http://www.politicalruminations.com/ nicole

          Thanks, TDK.

          Does not the Federal government recognize all marriages approved by the states? (leaving DOMA out of it since it defines marriage as only between a man and a woman)
          In other words, when DOMA is repealed, would not the Federal definition of marriage itself change, and thus, the same Federal rights afforded man-woman marriages would be conferred on all marriages? I would think that this would be a given.

          I think that the states understand that, thus the push to legalize in more and more states.

          • The_Dork_Knight

            I think that just leaving it up to the states (even if DOMA is repealed and the Federal Government begins recognizing gay marriages) is a receipe for chaos. We can’t have legal decisions made in New York not being recognized in California. What if the federal government had simply decided to leave misegination laws up to the states?

            From a political standpoint the President’s most recent position, that this should be left to the states to decide, is a political loser. I realize that he is trying to carve out a central position on this, but this is one of those issues where there is very little room in the middle. In trying to do so, he is simply annoying everyone. He’s got to pick a side here.

          • http://www.politicalruminations.com/ nicole

            We can’t have legal decisions made in New York not being recognized in California.

            I know virtually nothing re actual law. BUT, it seems to me that the recognition of marriage, which is a contract, would come under contract law, and most states uphold the contracts created in another state.
            For example, common law marriage:

            if a couple meet the requirements for a common law marriage in a state that does practice common law marriage, then move to a state that does not practice common law marriage, the new state by law will still recognize the common law marriage.

            http://www.lawinfo.com/fuseaction/Client.lawarea/categoryid/1161

            Adding………..as to the Pres taking a side….hmmm…I’ve been thinking that he is not doing so in order to force the states to do so instead, making the likelihood of a new const amendment more doable at some point.

            I would also like to note that Pres Obama generally seems to stay 3 steps ahead of the rest of the country.

          • The_Dork_Knight

            Agreed. In fact, the Good Faith and Trust Clause of the Constitution states that legal decisions made in one state have to be recognized in the other states. So I don’t get how we can leave this up to the states. If I get married in New York, then move to California, suddenly my marriage doesn’t count?

            Sent from my Samsung Epic™ 4G

          • http://www.politicalruminations.com/ nicole

            No, it would count, TDK.

          • The_Dork_Knight

            I don’t think so. There are also a lot of benefits to marraige that comes from the states. If the state doesnt recognize gay marraige, the people simply don’t get those benefits.

  • http://www.politicalruminations.com/ nicole

    Awesome! Kudos to Gov. Cuomo and the state of New York!

  • muselet

    I hope no one thinks this is the end of the story. New York’s Conservative Party and the hilariously-named National Organization for Marriage are already promising (threatening) court challenges and repeal efforts.

    Congratulations to New York on winning Round 1. Just remember, this is a 15-round fight.

    –alopecia

    • http://www.politicalruminations.com/ nicole

      Good points, alopecia.

  • Robert Scalzi

    I posted this on “quote of teh day” but somehow missed this thread so here it is again

    Thank You state Sen McDonald for your bravery…..

    YEAH !!!! this ruling is so fucking AWESOME !! this will be one of the most festive Pride weekends in Ages , Thank you New York.

    to those that are opposed to Gay marriage, don’t marry one.

    To those that think this will destroy the institution of marriage I have to say

    “thousands of straight couples have done a pretty fucking good job of destroying it already”

  • http://www.politicalruminations.com/ nicole

    Continued from below.

    The_Dork_Knight:

    I don’t think so. There are also a lot of benefits to marraige that comes from the states. If the state doesnt recognize gay marraige, the people simply don’t get those benefits.

    I don’t believe that’s correct, but it is something we should be aware of.
    However, even if it is true, that doesn’t alter the fact that if enough states have enacted laws legalizing same-sex marriage, it will be far, far easier and faster to ram through a constitutional amendment.
    And I believe that is what the Pres has in mind.