He told Cara Matthews, Albany Bureau reporter for the Gannett news organization, that historically, opponents of same-sex marriage have said the decision should be up to legislatures and not the courts. Those who have promoted a referendum are attempting to “forestall marriage equality, which I think even they know will eventually happen,” he said.
The fact that Republicans, who hold a slim majority in the Senate, didn’t reject same-sex marriage outright and spent time working with Cuomo on a religious carve-out amendment “demonstrates the extent to which marriage equality has become not just normalized but respected as a legitimate civil right,” he said.
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Prof. Rosenblum also spoke on WAMC public radio about the Marriage Equality Act. While the law is an exciting development, he told reporter Greg Fry, it only pertains to New York, meaning that federal issues, like social security and immigration status, will remain exactly the same. Prof. Rosenblum said once citizens and non-citizens are married, they will be given rights attached to marriage, which in state law, reach into the high hundreds. Some of those relate end-of-life decisions, inheritance issues, and hospital access.
Rosenblum also explained how the new law will clear up confusion over the rights granted to same-sex couples. He says same-sex couples currently have to engage in relatively complicated contracts between the two partners. Now, all that’s needed is a marriage certificate from a local town, city, or village hall.
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