According to Michael Gormley of the Associated Press, "Senate Republicans in New York say protecting religious groups that won't perform gay weddings or offer services to gay couples is a major factor in their refusal so far to bring same-sex marriage to a vote."Marriage Equality in New York - which would probably pass if a vote was taken in the Senate - is being held up because the Republican-controlled Senate is (so far) not permitting the bill to be scheduled for a vote. The Senate adjourns on Monday.
Their reason? That religious institutions are not being protected in the bill.
A reason, that, in plain language, is a pure crap.
Religious institutions have ALWAYS been protected under the US Constitution to create their own rules for membership and marriage. Since our birth as a country, heterosexuals have had the right to marry; However, NO Roman Catholic Church has been forced to marry non-catholics. Synagogues have not been forced to marry non-Jews. Every religious institution has ALWAYS had the right to define who was eligible for marriage within that religious institution.
What the proposed law in New York State refers to is the legal right to be married in a CIVIL ceremony, as recognized by the STATE - it has NO effect on the right of religious institutions to conduct their own policy as they have seen fit, just as they have always done. This delay tactic by the GOP, presumably to protect religious institutions, has nothing to do with churches and everything to do with playing politics with peoples lives. And, quite frankly, not having the balls to stand up to the the RC Archbishop, Hassidic Jewish leaders, and the Conservative Party, which has threatened to withhold its endorsement from any Republican supporting the Marriage Equality Bill.
To be sure, the Conservative Party can deliver the margin of victory in a race, as it commands about 5% of the vote in many districts. However, the Conservative Party is notoriously weak and disorganized - if not entirely unorganized. When Conservative Party leaders are challenged by insurgents, it has been standard operating procedure for those leaders to call upon Republican operatives to step in and do their campaign leg-work for them...and yet, the NY GOP - once the most progressive in the nation - continues to allow itself to be emasculated as the Conservative Party becomes the very small tail that wags a once very large dog.
To be fair, in recent years, there have been two series of court decisions that, on their face, have seemed to require religious institutions to provide services to gay couples, and this may be part of the fear that some Senators have. It makes sense, then, to look at these two decisions.
The first is the Ocean Grove, New Jersey case, where the Ocean Grove Camp Meeting Association was stripped of its non-profit status because it would not allow gay couples to rent their oceanfront boardwalk pavilion for weddings. Conservatives immediately pointed to this as evidence that 'gay marriage' would force religious institutions to provide services against their beliefs. But a closer look at the Ocean Grove situation shows their fears to be empty.
The pavilion is not owned by the United Methodist Church (as is often claimed), but by an independent organization called the "Ocean Grove Camp Meeting Association." (There are "Camp Meeting Associations" associated with revival meetings within Methodism all up and down the eastern seaboard). The OGCMA owns all the land in a 1 square mile section of Neptune Township, but leases most of it out to homeowners and businesses. The pavilion in question received its tax exemption NOT BY BEING A RELIGIOUS ORGANIZATION, BUT THROUGH THE NEW JERSEY "GREEN ACRES" PROGRAM, whose purpose is to provide tax breaks for properties which help preserve open space for enjoyment and use by the public, without discrimination. The OGCMA never reserved the pavilion for Christian weddings or religious services of ANY kind, and received its tax exemption for preserving open green space. Thus, this case did NOT involve an infringement on religious rights, but on the terms of a state program exchanging tax relief for public access.
The second series of cases Conservatives point to involve adoption services offered through religious-oriented agencies such as Catholic Charities. In Illinois, Maryland, and Massachusetts, courts or legislatures have made it clear that these agencies can not discriminate against applicants, if they receive state tax money. In a number of jurisdictions, Catholic Charities has chosen to longer place children in foster care or adoption rather than comply with these rulings.
However, they had another choice: they could have stopped taking taxpayer funding. In each case, the agencies were prohibited from discriminating precisely because state governments were contracting with them to perform state functions - the placement of children into foster care or adoptive families. Catholic Charities can not claim to be both a private religious institution on one hand - and then stay afloat by using tax dollars paid for by Americans of all religious stripes on the other - and expect to be able to serve only those with their own religious viewpoint. (It should also be pointed out that these agencies were not only prohibited from discriminating against gays, but also against single moms and cohabiting heterosexuals).
Even though both of these cases turned on very specific, non-religious issues - tax exemption for open space, or state contractual duties using taxpayer money - Conservatives continue to claim that gay marriage will destroy religious groups' ability to practice their own faith. This, of course, is complete nonsense.
And the New York Republican Senate's efforts to avoid and stall Marriage Equality based on these arguments is shallow and cowardly.
Dean Skelos, Kemp Hannon, Chuck Fuschillo, John Flanagan, Mark Grisanti - your constituents deserve better than kowtowing to the Conservatives and throwing up religious smokescreens to avoid doing the right thing...
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