Hurrah! New York has, at long last,
decided to join the twenty-first century and recognize the right of
same-sex couples to civil marriage.
Make no mistake: this is a Big Deal. With the exception of Iowa, New
York is the first state outside of the New England region to marry
queers; it’s also the most populous. What a relief to end this
embarrassing episode in history, when the Sodom and Gomorrah of the
world lagged behind Catholic strongholds like Portugal, Mexico City,
Spain, Argentina and Brazil in supporting marriage equality.
Congratulations, first of all, go to Assemblyman Daniel J. O’Donnell,
the primary hero of this story. He sponsored the bill and has led this
fight for the past decade, alongside Tom Duane in the Senate. Senator
Jim Alesi, the first Republican senator to support the bill, deserves a ton of credit for being the first to cross over
from his side of the aisle. So does Senator Roy McDonald for following
soon thereafter. Kudos to the Empire State Pride Agenda, the Human
Rights Campaign and the rest of the New Yorkers United for Marriage coalition for pushing the issue.
Warmest regards and best wishes to all of the same-sex couples that
have been waiting until New York state legalizes same-sex marriage to
tie the knot here. Could this mean you too, David Tyree ?
O how New England safety Rodney Harrison clung to you during that
dramatic fourth quarter Superbowl XLII catch! It’s nothing to be ashamed
of, boys. Bless you both.
But that’s where my congratulations end. Because I have limited
patience for narratives about political courage or “conversions” or
bipartisanship when it comes to most long-time opponents flipping,
especially when polls
clearly indicated they had nothing to lose. New York’s politicians have
been playing political football with same-sex marriage since the ’90s.
The fact that just enough of them finally calculated that it’s to their
political advantage to kick us over the goal post is no reason to start
lauding the human spirit.
I’m particularly disgusted by all the pols who participated in that long, drawn-out dog and pony show that featured self-professed “religious” legislators from both sides of the aisle covering their asses by pretending that the bill, which already included religious exemptions, needed yet more of them .
No one’s forcing religious institutions that oppose same-sex marriages
to perform them—every religion will still be permitted to set its own
requirements for who can be married within that faith tradition. Or, as
Karen Loewy, a senior staff attorney at Gay & Lesbian Advocates & Defenders ,
explains: “Everyone agrees that religious institutions have complete
autonomy to decide which marriages to solemnize and celebrate, and the
bill already reiterates those protections.”
But some opponents of same-sex marriage are trying to stretch this
religious exemption to try to protect the caterers, reception halls and
musicians who want to refuse to provide services to gay couples getting
married. This is clearly unlawful, based on years of anti-discrimination
law in New York state.Think about how this would all be playing out if
someone in the mainstream media actually bothered pointing out the
parallel between the “right” to refuse public services to same-sex
couples and the “right” to refuse to allow people of color to sit at
public lunch counters. All of this solemn talk about “religious freedom”
is KKK-worthy code for “We can still discriminate against LGBT people
even when we hang out a shingle and provide services to the public,
can’t we?”
Shame award #1 goes to Nathan Diament for his perverse lie
earlier this week that Catholic Charities was “forced out of the foster
care and adoption service” because Massachusetts “refused to
accommodate religious liberty in its same sex marriage law.” But that
had nothing to do with whether the Catholic Church was recognizing the
marriages of same-sex couples. Catholic Charities refused to work with
foster families headed by gay and lesbian couples. Given a choice
between opening up its services to qualified LGBT applicants and
refusing its services to everyone, Catholic Charities chose the latter
and shut its doors on thousands of loving, qualified same-sex couples
and the children who badly needed a good home. The disgrace is all
theirs.
Shame award #2 goes to Mayor Michael Bloomberg, who tried to seize
this year’s marriage equality struggle as a grand opportunity to remake
his image in time for a 2016 presidential bid. Unfortunately for him,
some of us have memories of the 2004 Republican National Convention in
New York City. Bloomberg, the largest single individual contributor ($7
million) to the RNC that year, had no apparent concerns about the
blatantly homophobic planks in its platform. He lost no time
demonstrating how helpful he could be to his new best friends by locking
up thousands of protestors for the duration of the convention in NYC
that summer, including dozens of HIV-positive people who slept on cold,
moldy jail floors for two and three nights until being released.
More recently, Bloomberg destroyed the Advantage program, which
helped people in NYC shelters pay for subsidized apartments. It was,
according to Kate Barnhart of New Alternatives for LGBT Homeless Youth ,
“pretty much the only path to housing for many of the LGBT youth in
city shelters, since it’s impossible to save up enough to pay market
rents with a minimum wage job.” Swanning around Albany and making a big
speech at Cooper Union may have been good for Bloomberg’s ego, but did
nothing, ultimately, to sway legislators.
Finally, there’s Governor Andrew Cuomo, who ended up doing a lot
these past few weeks, despite not having bothered to even show up for
the Empire State Pride Agenda’s big lobbying day last month. Yet his
state budget spared the wealthy the pain of paying their fair share of
taxes while slashing homeless youth shelter beds by a third. It
certainly didn’t seem to bother him that all youth, but
disproportionately the queer youth who make up 40 percent of the
homeless youth population, would pay heavily for his cuts. To say
nothing of his part in the whole “religious exemptions” debacle.
Here’s hoping that passage of this bill will send a message to our
eternally equivocating president that maybe, just maybe, he can finally
muster the political will to get behind something that a majority of
Americans already support. When that day comes, don’t expect me to hand
him a Profile in Courage award. I’ve never sent anyone a
thanks-for-finally-getting-it-together-to-support-my-basic-human-rights
card, and I’m not going to start now.