Spitzer '81 aims to legalize gay marriage

New York governor Eliot Spitzer '81 submitted legislation Friday that would effectively legalize same-sex marriage in his state.

The legislation, if passed, would eliminate gender as a criterion in the legal definition of marriage and make the denial of a marriage license to same-sex couples illegal, opening the door for gay marriage. According to a statement from Spitzer's office, same-sex couples also would be given the "legal protections taken for granted by married couples."

"This legislation would create equal legal protection and responsibilities for all individuals who seek to marry or have their marriage protected in the State of New York," Spitzer said in the statement.

Under current state law, gay couples in New York cannot enter a marriage recognized by the state, so they are not accorded legal protection or consideration in issues such as inheritance, healthcare, taxation, insurance and child custody.

The legislation also considers the "private, ethical and religious beliefs" of the citizens of New York, meaning that while the law will recognize same-sex marriages, "no clergy member or religious institution will be compelled to perform" one, according to the release.

The much-anticipated legislation comes after Spitzer was swept into office November in a landslide in which he received 69 percent of the vote. During his campaign, Spitzer promised to make same-sex marriage legal in New York upon taking office.

Spitzer is the first governor in the country to propose legislation that would legalize same-sex marriage. If the bill passes, New York would become the only state other than Massachusetts to allow same-sex marriage.

Civil unions and same-sex marriages have only been legalized by a lawsuit or court order so far, as was the case in New Jersey with the state Supreme Court's decision in Lewis v. Harris late last year.

"I am very excited that Spitzer, in keeping to his campaign promises, has proposed legislation that would allow same-sex marriage in New York," Pride Alliance co-president Thomas Lipp '08 wrote in an email.

But, Lipp added, he is "saddened that it is likely the legislation in New York will not pass, and may very well lead to backlash against the queer community on other issues." Lipp said, however, that he thinks it is "a large step forward that a governor is willing to propose such legislation."

Spitzer's initiative may very well serve as an example to other states. "I hope the Governor's actions will inspire other elected officials across the country to seek equal rights and recognition for all couples," Chris Lloyd '06 wrote in an email. He founded the Princeton Justice Project's Gay Family Rights Project and lobbied for a student referendum vote to sign onto an amicus brief in support of the plaintiffs in Lewis v. Harris.

The Anscombe Society, a socially conservative student group that filed an amicus brief opposing the legalization of civil unions in New Jersey, could not be reached for comment.