NY: Editorial--"N.Y. lawmakers must resolve same-sex marriage question"

Link: Rochester Democrat and Chronicle

The state Court of Appeals has tossed the volatile issue of same-sex marriage back to the lower courts and, consequently, to Monroe County, which now must decide whether to continue an increasingly costly legal fight.

Until the state's highest court decides, there will be no definitive clarity on the question whether local governments, under existing law, must recognize same-sex marriages, which are only allowed in a few states or countries.

But the real battleground for this issue should be the state Legislature, which eventually must decide not only how to deal with same-sex unions but also whether to accept what other governments have done on the issue. Until that happens, the onus will fall on local governments and aggrieved citizens to interpret conflicting law and practice.

In this instance, the county declined to grant spousal benefits to the female partner of a woman employed at Monroe Community College. The county has reasonably argued that it followed state law, which doesn't recognize same-sex marriages. The couple said that position abandons a long-standing practice in New York to accept valid marriages conducted in other states or countries.

Lawmakers who temporize on an issue usually don't get much sympathy from this page. But this obviously is a difficult matter involving religion and morality as well as fairness and tolerance.

Other states wanting either to ban or allow same-sex marriages have sought a public vote, and that may well be the path for New York.
But it's important for Gov. Paterson and the Legislature to forge their own course and not wait for the courts to dictate play.

As often happens, indecision at the top causes grief down the line. Monroe County and the two plaintiffs in this case are carrying a weight that the Legislature thus far has declined to lift.

[jw]