Q&A of What NY Marriage Would Mean
By Nathan Koppel
The New York legislature appears poised as soon as today to vote on whether to legalize same-sex marriage in New York.
Democrats and Republicans have said they are negotiating over a final sticking point — the extent to which a marriage bill would exempt religious organizations by allowing them, for example, to refuse to perform services or lend space for same-sex weddings.
If the legislation passes, New York would become the sixth state to legalize gay marriage, but that’s a big if — supporters are still one vote shy of passage in the New York senate.
We caught up with Susan Sommer (pictured) a senior attorney at Lambda Legal, who has advocated for years for same-sex marriage rights in the Empire State. We wanted to get her views on what the passage of a same-sex bill would mean for gay and lesbian couples, beyond the mere symbolic value.
Here’s an edited transcript of the interview:
What’s your sense of where things stand with the vote on the legislation?
I am sitting here with a bag of salt and I keep throwing it over my shoulder. We are getting reports that there’s a good chance that there will be a vote today.
The legislation would include an exemption for religious organizations. Does that trouble you?
No. Under New York law, religious organizations and benevolent orders are already exempted from a public-accommodation provision that prohibits discrimination on the basis of sexual orientation. That exemption makes clear that religious organizations are not required to perform marriage ceremonies they don’t want to perform. Same-sex couples who want to get married are not looking to pick a fight with religious groups or clergy; they just want to get married.
Help us sketch out the impact that the law, if passed, could have on same-sex couples.
First off, we can’t minimize the symbolic vale and deep meaning of having your home state open its marriage laws to families like yours. New York is already a leader in respecting marriages of same-sex couples, who got married in states that allow that. Under the common-law doctrine of comity, New York grants out-of-state, same-sex couples many marital rights, but not all.
What marital rights do out-of-state couples still lack in New York?
Estate taxes are one example. Typically, when a spouse dies, the surviving spouse does not incur estate taxes. But in New York, because of a statutory anomaly, a survivor spouse in a same-sex couple, who was legally married out of state, would have to pay estate taxes. These taxes can be significant. Also, I should note that even though many New Yorkers have gone across state lines to get married, many couples can’t afford that.
What other possible financial consequences would a same-sex law have for couples?
The federal Defense of Marriage Act remains a huge block of discrimination that keeps married, same-sex couples from accessing hundreds and hundreds of federal benefits. The Obama administration has confirmed its view that DOMA is unconstitutional; I think DOMA’s days are numbered. If the law falls and New York allows same-sex couples to legally marry here, that would open the door to couples accessing these federal benefits, including social-security survivor benefits and many more.
Now a personal question. What do you plan to do if you hear that the law has passed?
There is a bottle of champagne in the refrigerator here. But I’m sure I’ll shed some tears. I’ve been pressing for this for years.
Comments