New York!

Yay! New York Senate approved same-sex marriage last night. The story has been on NPR and likely other news sources, so I hope you've heard about it by now. The final vote was 33-29, meaning 2 GOP senators voted for it.

Governor Andrew Cuomo signed it as promptly as was physically possible. Same-sex marriages may begin in 30 days. An advantage of going to NY for a gay wedding is that the state does not have a residency requirement.

There was a lot of wrangling from the GOP senators to get extra religious exemptions. That charge was led by and undecided Senator Bell. However, once the amendments were approved he still voted against the whole package, claiming there weren't enough religious protections.

Ari Ezra Waldman explains the two religious exemption clauses. The first says that any religious institution that objects to the "solemnization or celebration" of a marriage can't be forced to take part. If the Knights of Columbus refuse to let you rent their hall for the reception you can't sue them. Fine.

The second is a bit more rambling and seems to suggest that if a hospital takes in a gay accident victim they don't have to let the same-sex spouse sit by the bedside. There are other possible situations where a religious organization might refuse a gay couple (adoption? reproductive services?). This is more troubling. Did we have to give up some rights to gain marriage? Some respondents say that Obama's recent memo about hospital visitation rules may prevent the first scenario.

Even so, this is a great day! In another posting (written 10 days ago, yes the NY senate has been delaying this vote for that long) Waldman says same-sex marriage in that state is a tipping point for gay rights across the country. He also cites such things as Obama's refusal to defend DOMA, the repeal of Don't Ask, Don't Tell (though not quite gone), and the flurry of sports figures who have come out as gay or as gay allies.

With a tipping point comes such things as courts (especially the Supremes) becoming more willing to rule in our favor because they aren't forcing an unwanted ruling onto a resistant populace. The GOP is finding gays and gay marriage doesn't work so well as a wedge issue and are less likely to use it (could someone tell that to the current passel of GOP prez. contenders?). And another group of importance (the NY legislature) is telling gays, especially gay youth, that you matter, you aren't second class citizens, you are a part of the community of New Yorkers.