Lesbian and gay couples across the state won a major victory on Friday night, as New York became the sixth and largest state in the country to legalize same-sex marriage.
The New York State Senate approved the Marriage Equality Act with a 33-29 vote at about 10:30 p.m. on Friday. There was speculation for days as to whether the bill would get the one vote it needed to pass before the end of the session, as earlier this month only 31 senators out of 62 said they would support the measure. The State Assembly had approved the measure earlier this month, with State Assemblyman Fred W. Thiele Jr., who represents the South Fork, voting in favor.
Drew Biondo, a spokesman for New York State Senator Kenneth P. LaValle, a Republican who represents the South Fork, stated earlier during the day that the senator remained opposed to the bill, and he was one of 29 senators to vote against the measure during the extended session. Mr. LaValle did not return requests seeking comment this week.
One East Hampton resident was highly critical of Mr. LaValle’s “no” vote. Marnie McBryde sent Mr. LaValle’s office a funeral flower arrangement to symbolize his “political death” in voting against the legislation. She said she didn’t understand how Mr. LaValle could support a state measure allowing same-sex couples to adopt children, but at the same time not permit them to marry. Ms. McBryde and her partner, whom she declined to name, have a 2-year-old adopted son, Jackson.
“If you’re giving us the opportunity to adopt children, why don’t you give them the opportunity to have them thrive, and have their lives be as meaningful as possible and have the legitimacy that a family deserves?” she asked.
The measure’s approval was cause for celebration for many across the state. Last weekend’s annual gay pride parade in New York City, held two days after the passage of the historic legislation, took on a new significance for those who attended.
“There were so many more people, and everybody was just ... it was euphoria,” said Sagaponack resident Kim Kakerbeck, who is a member and former co-chair of the Empire State Pride Agenda, a lesbian, gay, bisexual and transgender advocacy group. “Absolute euphoria. I really never experienced anything like it.”
The Marriage Equality Act amends New York’s Domestic Relations Law to clarify that any marriage that is otherwise recognized by the state will be valid if the parties are of the same gender. Same-sex couples will enjoy all of the benefits, rights and privileges granted to heterosexual couples once the law goes into effect 30 days from its signing.
Applications for marriage licenses must be granted to same-sex couples. There was an amendment made to the bill that grants protection to religious organizations, said Mr. Thiele, ensuring that they will not be forced to marry same-sex couples. It also adds language that protects the organizations from potential legal challenges if they don’t perform the marriages.
There were big crowds lobbying for and against the measure at the Capitol in Albany, Mr. Thiele said this week. “It was almost surreal I think,” he said, describing the aftermath. “I’d say the word that would describe the way I felt was ‘gratified.’”
The Reverend Donald Havrilla, pastor of the Southampton Full Gospel Church, and a vocal critic of the measure, condemned the approval of the legislation, calling same-sex marriage a “sin.” He said he fears that the lesbian and gay community is on a mission to seek approval for their acts throughout all parts of the community.
“They basically have an agenda that’s obvious to get this acceptance of this behavior into the schools, the curriculum and almost every aspect of our society,” he said. Rev. Havrilla also said he did not believe the last minute amendment added to the bill will actually help protect religious groups from facing legal challenges by couples who are denied ceremonies.
Governor Andrew Cuomo signed the legislation just before midnight on Friday. It will take effect in 30 days, which means same-sex couples will be able to obtain marriage licenses in July.
“New York has finally torn down the barrier that has prevented same-sex couples from exercising the freedom to marry and from receiving the fundamental protections that so many couples and families take for granted,” Mr. Cuomo, who introduced and lobbied for passage of the legislation, said in a statement. “With the world watching, the legislature, by a bipartisan vote, has said that all New Yorkers are equal under the law. With this vote, marriage equality will become a reality in our state, delivering long overdue fairness and legal security to thousands of New Yorkers.”
Some couples on the East End are already thinking about their wedding days. Preston T. Phillips, an architect from Bridgehampton, said he and his partner, Charles Forthofer, have been together for 28 years. Although they’re planning a small marriage ceremony in October, Mr. Phillips said he’s waiting to hold a bigger celebration once same-sex marriage is approved nationally. While he said he’s not minimizing the significance of New York State approving the measure, the real power and benefits of same-sex marriage lies in federal approval.
“As great as this is, this is New York State and it really doesn’t help with Social Security, federal taxes, federal benefits and many other things that will make a gigantic difference,” Mr. Phillips said.
At the same time, Mr. Phillips said he’s optimistic that the nation will one day embrace same-sex marriage. The country has already overcome significant civil rights issues, he said.
“It’s like slavery,” he said. “It’s like interracial marriage. It’s like giving women the right to vote. It’s like equality, period.”
Rohma Abbas on Jun 24, 2011