Equal Marriage Rights for All NY Couples
WHEREAS, the New York State Democratic Committee has always been in the forefront as an advocate for equal treatment and civil rights for all people; and
WHEREAS, the Committee is committed to equality not only for gay, lesbian, bisexual and transgender individuals, but also for gay, lesbian, bisexual and transgender couples and families; and
WHEREAS, same-sex couples in committed relationships do not presently have the same property, inheritance, immigration, and other legal protections, rights and responsibilities that heterosexual couples acquire when they marry, and
WHEREAS, states like Vermont, California and Hawaii, and the Canadian provinces of Ontario and British Columbia have passed comprehensive measures giving rights and responsibilities to same sex couples and families up to and including civil marriage; and
WHEREAS, New Yorkers should have the right to get married in their own state, in the presence of their own friends and families, without having to travel to neighboring states and provinces, and
WHEREAS, the Supreme Court of the United States recently affirmed that love, family and intimacy have deep constitutional protection and that gay people, like all Americans, are entitled to make life-defining choices in these vital personal spheres for themselves; and
WHEREAS, the state of New York has legally recognized the basic equality of lesbian and gay people through the recent passage of the Sexual Orientation Non-Discrimination Act, long championed by the Democratic Party; and
WHEREAS, lesbian and gay couples and families are in need of the same legal protections as other families, in areas including but not limited to medical decision making authority, hospital visitation rights, legal authority to decide disposition of a partner’s bodily remains, access to family court, custody and adoption, employment benefits, housing, pension and death benefits, inheritance, property rights, healthcare, immigration, and provision of social services and credit; and
WHEREAS, leading legal authorities, including the Association of the Bar of the City of New York, have concluded that there is no good reason to perpetuate the discriminatory exclusion of same-sex couples from civil marriage; and
WHEREAS, the Democratic National Committee has already stated its opposition to federal efforts to discriminate against lesbian and gay individuals and families, including its opposition to a constitutional amendment barring same-sex families from marriage; and
WHEREAS, the New York State Democratic Committee has already adopted a resolution calling for legislation and other measures which ensure fully equal treatment of same-sex couples and families; and
NOW THEREFORE, BE IT RESOLVED, that the New York State Democratic Committee reasserts its firm support for equal treatment under the law of same-sex couples and families; and
BE IT FURTHER RESOLVED, that the New York State Democratic Committee supports the New York Right to Marry Bill (currently A.7392 and S.3816); and
BE IT FURTHER RESOLVED, that the New York State Democratic Committee opposes any attempt to bar lesbian and gay couples from civil marriage, including constitutional amendments and federal, state or local legislation; and
BE IT FURTHER RESOLVED, that the New York State Democratic Committee commits to working to defeat any such mean-spirited, divisive measure under consideration in the State of New York to marginalize lesbian and gay couples and families and limit their access to civil marriage and the rights and responsibilities that come with it; and
BE IT FURTHER RESOLVED that the New York State Democratic Committee affirms the distinction between civil and religious marriage, and supports religious freedom which permits and will continue to permit every church, synagogue, mosque and other religious institution to decide for itself whether or not to celebrate or perform any religious marriage.
Written and Introduced by Lawrence C. Moss, Democratic State Committeeman,
66th Assembly District (Greenwich Village and Lower Manhattan) and
Chair, Reform Caucus, New York State Democratic Committee
Incorporating friendly amendment offered by Emily Giske, Vice Chair, New York State Democratic Committee, with the assistance of the Empire State Pride Agenda
Adopted by the New York State Democratic Committee, general meeting,
Buffalo, NY, afternoon of September 22, 2003