OPINION

Editorial: High Court should affirm same-sex marriage

Poughkeepsie Journal Editorial Board

After sidestepping the emotional issue late last year, the U.S. Supreme Court has made the enlightened decision to consolidate four same-sex marriage cases, hear arguments in April and issue a ruling by late June.

The country needs this matter settled. And when the justices conclude their work, it is profoundly hoped that they will have seen the wisdom of ruling in favor of equality, affording same-sex couples the same rights and legal recognition as heterosexual couples.

It likely was only a matter a time before the High Court would feel compelled to weigh in more fully following previous court decisions. As a result of earlier rulings and actions taken by states — including New York — more than 70 percent of Americans live in states where gay marriages are legal.

Think about that for a moment. It's a remarkable transformation that has occurred over the last decade, and the country is better for it.

The Supreme Court itself has wisely struck down The Defense of Marriage Act, known as DOMA, that denied certain federal benefits to those same-sex couples married in states allowing gay marriage. But that decision, as important as it was, did not mean gay couples can get married anywhere in the United States, as should be their right. And it also did not mean that every state has to recognize same-sex marriages that are perfectly legal in other states. In this day and age, with people highly mobile, the country can ill-afford such checkered laws on such a fundamental issue. Polls show Americans increasingly in favor of gay marriage — and that number is much higher for a younger generation of Americans.

The justices have agreed to combine and consider four cases from Michigan, Ohio, Kentucky and Tennessee.

New York legalized gay marriage in 2011, and there are no discernible negative consequences to that decision. Not one. But there have been plenty of happy, uplifting stories to tell. They typically involve couples who have been together for years, if not decades, finally feeling like they are no longer second-class citizens, finally enjoying basic rights, including having spousal privilege and protections in legal proceedings, tax and health-related decisions.

In the first three years since New York legalized gay marriage, nearly 37,000 of the roughly 413,000 marriages in New York were between same-sex couples, according to the Journal's Albany Bureau, relying on information from state Health Department and the New York City Clerk's Office. That number could be higher since the law allows marriage licenses to include an "unspecified" box regarding the categories.

The approaching High Court decision could — and should — affirm a constitutional right to same-sex marriage. It would be a just conclusion to a decades-long effort that has taken off in the last 10 years and has been a righteous fight for basic fairness and equality.