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From Chinese media

New York legalizes gay marriage

Updated: 2011-06-26 11:11

By Chen Weihua (chinadaily.com.cn)

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NEW YORK - The Stonewall Inn in Manhattan became the birthplace of gay and lesbian rights movement in the United States in 1969.

On Friday night, New York State shocked the nation and probably the world when the state Senate passed Marriage Equality Bill, making New York the sixth and the most populous US state to legalize same-sex marriage.

The passage of 33-29 came after a weeklong fierce fight and debate as a few Republican Senators were undecided even hours before the vote. Lawmakers wrestled on the extent of protection for religious groups by allowing them to refuse to perform services or lend space for gay weddings.

The New York Assembly approved the bill on June 15 by 80 to 63, drawing huge attention of the nation.

The passage of the bill literally would double to 11 percent the number of Americans who live in states where same-sex marriage is legal, according to reports. Aside from New York, gay marriage is legal in Iowa, New Hampshire, Massachusetts, Connecticut, Vermont and the District of Columbia.

The New York law is expected to take effect 30 days later, meaning that an influx of gay and lesbian couples from both New York and elsewhere will come to register by late July.

These couples will be granted the more than 1,000 state marriage benefits that straight couples receive, but they are not eligible for federal marriage benefits under the Defense of Marriage Act passed by the US Congress in 1996.

Seconds after the bill was passed, gays, lesbians and their supporters already started celebration both outside the state Capitol in Albany as well around the Stonewall Inn bar in New York City.

Suzanne Goldberg, professor and director of the Center for Gender and Sexuality Law at Columbia Law School, described the passage as "a tremendous step toward full equality for gay people in the state, in the US, and in the world."

"While New York is not the first state in the US to offer marriage to same-sex couples, it has an international reputation as an important entry-point to the rest of the country, and having equal marriage rights here will reverberate around the world," Goldberg told China Daily.

Michael Klarman, professor of Harvard Law School and a constitutional law scholar, said it is significant because it is the second largest state in the country and because this was done by the legislature, which confirms what opinion polls already show that a majority of New Yorkers favor same-sex marriage.

In some states, it was the court approving and adopting same-sex marriage but was later overturned by referendums.

A recent survey by Siena College found that 58 percent of New Yorkers are in favor of gay marriage, while a Gallup poll last month showed for the first time that a majority of Americans, 53 percent, support same sex marriage. A Pew Research Center poll last month also revealed that while the public is divided over same-sex marriage, a majority of Americans (58 percent) say that homosexuality should be accepted, rather than discouraged, by society.

Michael Rosenfeld, associate professor of sociology at Stanford University, also described the passage of the bill as "hugely significant."

"While same sex couples are tiny minority, only 2 percent of the couples in the US population, the majority should not take rights away from the minority," Rosenfeld told China Daily.

New York Governor Andrew Cuomo, a Democrat, is the champion who proposed the bill in the first place. He has made same-sex marriage a top priority for him this year. New York City Mayor Michael Bloomberg has also been a strong supporter for legalizing gay marriage.

US President Barack Obama has refrained from publicly endorsing gay marriage, clearly in a bid to avoid angering voters who are opposing same-sex marriage.

At a fundraiser with gay and lesbian donors in New York City on Thursday night, Obama only said he believes that gay couples deserve the same legal rights as every other couple in this country.

While many of the 600 gay and lesbian donors applauded him, some were chanting: "Marriage. Marriage, Marriage," in a clear protest over what Obama didn't offer – an endorsement of gay marriage.

"I heard you guys," Obama replied to the chant.

Still, Rosenfeld of Stanford University said Obama will be the most gay-friendly president in US history.

"By the time he leaves office, the environment for gays and lesbians in the country will be much better," he said.

Michael Klarman of Harvard Law School pointed out that the more important thing is that the national trend towards same-sex marriage is ineluctable.

"This is both because young people are strongly in favor, and there is no evidence their views change over time, and because as the overall social climate becomes more gay-friendly, more and more gays come out, meaning more people know people who are gay, and this puts a human face on the issue, which dramatically changes attitudes," he said.

"The trend in favor (of gay marriage) is powerful everywhere in the US. Within just another couple of years, a majority in most states will favor gay marriage. Within another decade or two, a majority in every state will favor it. At some point, a strong enough national majority will favor it so as to enable either Congress or the federal courts to adopt a law or find a constitutional right mandating same-sex marriage, thus suppressing the handful of states that continue to resist the practice," he said.

Klarman said he is certain this will happen but unsure when it will happen exactly.

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