A Step Closer to Justice

New York Times
May 30, 2008
Editorial

New Yorkers should be proud of Gov. David Paterson’s efforts to assure basic civil rights for same-sex couples married outside the state. Now, the State Legislature should prove its own commitment to equality and justice by granting gay couples the right to marry in New York State.

Mr. Paterson has directed state agencies to respond to a recent court ruling by reviewing more than 1,300 state policies that affect married people. He wants to ensure that New York fully recognizes all legal marriage licenses, including those granted to gay couples in places like Massachusetts, Canada, South Africa and soon, California.

If that sounds like mere paper shuffling in Albany, it is not. It means that New Yorkers who marry in San Francisco or Montreal can return home knowing that their rights will be protected. That is progress, especially since many states have specifically outlawed even the recognition of same-sex marriages granted legally elsewhere.

Despite the growing political outcry, Mr. Paterson is on firm legal, as well as moral, ground.

For more than a century, New York has recognized marriage contracts from other states — even if those couples could not legally marry in New York. New York does not grant licenses for common law marriages, but if such marriages are legal elsewhere, they are recognized in New York. In February, a New York State appeals court ruled unanimously that this “marriage recognition rule” also had to apply to any same-sex couple with a legal marriage license obtained elsewhere.

While most Democrats in Albany have pushed for legislation to legalize gay marriage, most Republicans have argued that it is enough to adjust state laws to make them more equitable for same-sex couples. These half-measures have not worked.

The New York City Bar Association and Empire State Pride Agenda last year identified more than 1,300 aspects of New York State law that either deny rights to gay couples or make their lives far more complicated.

There are cases of one partner being denied access to a mate’s hospital room. People who have spent their adult lives together without the benefit of a marriage license can be compelled to testify against each other. Benefits for survivors from workers’ compensation go only to a legally recognized spouse.

After one of the most vigorous and emotional floor debates in recent Albany history, the Democratic-controlled Assembly has passed a bill allowing same-sex couples to marry in New York. The Republican-controlled Senate has refused, so far, to act.

Governor Paterson has worked hard to promote comity in Albany — we fear at the cost of many essential reforms. He should use his influence with the Republican Senate leader, Joseph Bruno, to get the Assembly version of the marriage bill passed this year.

No matter their sexual orientation, New Yorkers should have the same fundamental right to marry. Governor Paterson has taken an important first step, but it is not enough. Now he needs to persuade the rest of Albany to do what is fair.

New York to recognize gay marriages

(Click the title for the full article)

NEW YORK (CNN) -- Gov. David Paterson of New York has told state agencies to recognize same-sex marriages performed in states and countries where they are legal, his spokeswoman said Wednesday.

New York agencies have been told to recognize same-sex marriages performed in places where they are legal.

The governor's legal counsel told state agencies in a May 14 memo to revise policies and regulations to recognize same-sex marriages performed in California and Massachusetts as well as Canada and other countries that allow gays and lesbians to marry, said Erin Duggan, the governor's spokeswoman.

The memo informed state agencies that failing to recognize gay marriages would violate the New York's human rights law, Duggan said.

The directive follows a February ruling from a New York state appeals court. That decision says that legal same-sex marriages performed in other jurisdictions are entitled to recognition in New York.

California ban on same-sex marriage struck down

(Click the title to go right to the story on CNN)

The California Supreme Court struck down the state's ban on same-sex marriage Thursday, saying sexual orientation, like race or gender, "does not constitute a legitimate basis upon which to deny or withhold legal rights."

In a 4-3 120-page ruling issue, the justices wrote that "responsibly to care for and raise children does not depend upon the individual's sexual orientation."

"We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," Chief Justice Ronald George wrote for the majority.

The ruling takes affect in 30 days.

GAYLA Celebrates 30 In July

GAYLA 30 "Celebrating the Spirit of Brotherhood" will be held at the Ferry Beach Park Conference Center in Saco, Maine July 12-19, 2008. This year's theme will commemorate GAYLA's creation 30 years ago as one of the earliest communities of gay brotherhood created in the US.

Over these many summers a number of male Interweave members and UU congregants have attended GAYLA and have always enjoyed themselves. They have joined hundreds of men from--Maine to Texas, Florida to Canada, Scotland to Hong Kong--who have come to the ocean to rekindle friendships, renew their gay spirituality, find love, and experience the re-creation of a community of purpose and brotherhood. Single and partnered gay and bisexual men ages 18 and older continue to come to GAYLA for an all-inclusive, affordable vacation alternative that can potentially change men's lives.

During GAYLA week, men are given opportunities to discover their true nature as they share experiences, expand horizons, have fun, and learn from peers. GAYLA brothers participate in a variety of daily activities including track sessions, conferee-initiated Open Space workshops, GAYLA Men's Chorus, Talent/No Talent show, "Decades of Decadence" Tea Dance, Morning Chapel in Grove, creating/wearing fabulous outfits, and participating in festive evening activities. When brothers need to decompress, they always have the option of just sitting, relaxing, and enjoying the beach amidst the waves and scenic sand dunes or on Quillen porch with the refreshing ocean breezes and beautiful Maine scenery serving as a backdrop for fellowship and developing new friendships.

GAYLA 30 tracks presently scheduled include: "Making Spiritual Practice Part of Your Daily Life", "What Does It Mean to Live an Integrated Life", "Alternative Sex Play: From Prude to Pro!", "Great Queer Composers and How They Touch Us", "How to Be a Team Player aka Sports for Sissies", "The Beach Is Back", "Nature with John" and "Expressing Your Art as a Man".

With special surprises scheduled and many returnees expected for GAYLA 30, early registration is urged. This year's inclusive rates with all meals option are $820 for comfortable dorm rooms and $752 for camping in the Grove. To see lower-cost meal options and register contact www.ferrybeach.org or 207-282-4489 and www.gayla.org for further conference info.

Limited needs-based financial assistance is available by contacting Wayne Cotnoir (waynecot1@coxnet.com) before June 1, 2008. Interweave or Welcoming UU Congregation members who have specific questions can contact member Tom Malone, at (tmalone2@comcast.net).

Two NPR Stories on Transgender

In our continuing quest to become better informed about transgender issues, we're offering links to two stories on families facing gender identity issues.

These stories are especially poignant, because they deal with families where the children express their gender identity preferences when they are very young.

The first story deals with two families, one on the east coast, one on the west coast, where their sons expressed their gender identity preferences when they were two years old. The two families found two therapists who recommended two very different approaches. You can read the story here. This story has a set of questions and answers with the two therapists involved, where each discusses their very different approach.

The second story talks about the use of hormone treatments to help delay puberty in cases of gender identity, to give the child involved more time to work with their treatment teams to make the choice on gender identity. This story also had a related set of questions and answers.

My personal take - I found both stories interesting, uplifting, and disturbing. In the end, I'm glad I read both, and they helped me see the oh-so-many shades of gray in a very important issue. I'm happy and proud that NPR ran this series of stories.

The most telling quote came from the therapist who was explaining how families react to their transgender children. She said "Parents come to me and say, "I don't have a problem with him being gay, but I hope he's not transgender. A generation ago, they were saying "I don't have a problem with him being effeminate, but I hope he's not transgender."

My hope is that it won't take a generation to help families accept the reality of this gender identity issue.