Wednesday, June 29, 2011

People are talking...

Last Friday New York became the most recent state to legalize gay marriage. Governor Cuomo signed the bill, which passed through the Senate with support from a handful of Republican lawmakers, including at least one who had run for office with the promise that he would oppose gay marriage in the state.

Issues with significant and obvious social overtones tend to create a furor in the public square, and as expected, people are talking about gay marriage, straight marriage, and what should or should not be under the law.

Talking heads pontificate on television. Editorialists editorialize. Neighbors discuss, and occasionally argue. And politicians step up on the stump and make promises, take credit, or vow a reverse of course is in the offing.

What few do is actually read the law. That's not just true of this new law in New York, it's true of most laws in most states, and in the nation as a whole. The vast majority of those who publicly express an opinion on topics such as this one have little knowledge of what the law actually says. Instead the interpret what the law means, what the intent of the legislators was, and what the ramifications of the change will be.

Almost all of what they have to share is conjecture. It has little basis in reality, and that is the shame of it. We learn when we have solid information on hand to guide us. Rumor, innuendo, suggestions, and misunderstandings of the facts can lead to worry, anger, and even violence under extreme circumstances. History has proven humans to be an emotional bunch who are prone to doing less than noble things when a big enough crowd gathers to vent their emotions - often with little real information to base their rage on.

I won't quote the entire New York marriage equality act here, but I will share a few sentences that are of interest and pertinent to the discussion, no matter which side of the argument you might be on.

“Marriage is a fundamental human right.” It says that using those very words. Regardless of whether you are married or single, divorced or widowed, engaged or commitment-phobic, it is reasonable to come to the same conclusion the New York legislature did on this one point, if you base your position on the traditions of the human race, throughout history. We marry. We always have. In fact, marriage is considered by many to be a cornerstone of civilization.

You'll notice there is no mention of gender, race, ethnic origin, or religious conviction on that simple sentence. “Marriage is a fundamental human right.” The legislature was concise on that point, at least.

“It is the intent of the legislature that the marriages of same-sex and different-sex couples be treated equally in all respects under the law.” That sentence is in the bill, too. Again, it is short, to the point, and suggests an attempt to be fair, even-handed, and respectful of the rights of the citizens of New York.

If you take the time to read the bill you will notice that there is no place where special privileges are granted, or special rights are bestowed. With one exception. There is an amendment to the bill that acknowledges that while the state recognizes marriage as a right, and that same-sex and different-sex marriages should be treated under the law as equivalent unions – no person or entity can be compelled to provide services, accommodations, advantages, facilities, goods or privileges for the solemnization or celebration of a marriage. These points are included in the religious exemption to the bill.

So while some of us may be in favor of this new law, and some of us may be opposed to it, the bill itself contains an important lesson in specifics for all of us. Because the truth of the law is may not be found in the pundit's pronouncements or the politician's speeches – it is laid out for all to see in the bill itself. As is the case with any bill, in any state, on any topic.

The world we live in really is an open book. We just need to be sure we take the time to read it ourselves once in a while. That's the key to truly knowing what's what – really!

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