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By Stephen P. Hayford New York State is currently embroiled in a struggle over whether or not same-sex “marriage” should be legalized. Many organizations, including New Yorkers for Constitutional Freedoms and the Coalition to Save Marriage in New York, are fighting to defend the institution of marriage and prevent Governor Spitzer and his allies from redefining marriage. Within the political community, certain voices have proposed legalizing civil unions instead of same-sex “marriages”. The rationale behind civil unions, currently legal in Vermont, Connecticut, New Jersey, and New Hampshire, is that they provide the benefits of marriage to same-sex couples, but do not offend pro-family sensibilities by using the word “marriage”. Many view civil unions as a compromise measure that would effectively resolve a hot-button issue.
Do not be deceived; civil unions are not a compromise. From a state law perspective, they are simply same-sex “marriage” by another name. In this article, I will refute the arguments used in favor of civil unions and the misconceptions that many people have about them. The purpose of this article is to give you persuasive reasons that civil unions are a bad idea, so that you can use them when you communicate with state legislators or others in your community.
Myth: Civil unions are similar to marriages, but not exactly the same.
Reality: A civil union is a legal mechanism by which same-sex couples receive rights and benefits identical to the rights and benefits given married couples under state law. For state law purposes, the only difference between a civil union and a marriage--aside from the name--is that one involves same-sex couples and the other involves opposite-sex couples.
Myth: In New York State, civil unions would be an effective compromise. They would confer rights and obligations upon same-sex couples without offending certain segments of society by using the term “marriage” to describe same-sex relationships.
Reality: Civil unions are not a compromise. Simply put, civil unions are a thinly veiled attempt to gain public acceptance of same-sex “marriage”, calling it by a different name. New Yorkers who believe in the sanctity of marriage will not fall for this strategy.
Myth: Passing a civil union law in New York will appease advocates of same-sex “marriage” and will resolve a hot-button issue once and for all.
Reality: The experiences of other states indicate that even if civil unions are legalized, advocates of same-sex “marriage” will likely continue their attempts to redefine marriage. Connecticut passed a civil unions law in 2005. As of this writing, a same-sex “marriage” bill is pending in the Connecticut legislature, and advocates of same-sex “marriage” have filed a lawsuit claiming that Connecticut’s civil union law is unconstitutional. Even though California’s domestic partnership law provides the rights and benefits of marriage to same-sex couples, advocates of same-sex “marriage” have sued the state over alleged constitutional violations in the domestic partnership statute.
Myth: Legalizing civil unions would not have a significant adverse economic impact on the State of New York.
Reality: Civil unions will hurt the economy in New York State. First, employers may be forced to provide additional employee benefits at a time when the upstate economy is still struggling, and many employers are considering leaving the Empire State or downsizing. Secondly, the Scandinavian countries have experimented since the late 1980s and early 1990s with providing legal recognition to same-sex couples; the end result has been a significant undermining of the institution of marriage and a resulting increase in out-of-wedlock births. When the out-of-wedlock birthrate soars, government must pay more to pick up the pieces of societal breakdown.
Myth: Civil unions are the wave of the future, and are being legalized all over the United States. New York is behind the times.
Reality: As of this writing, only five states have legalized same-sex “marriage” and/or civil unions, while a handful of others have domestic partnership laws that are similar to civil unions. On the other hand, more than 40 states have passed laws or state constitutional amendments limiting marriage to opposite-sex couples. There is nothing inevitable about the proposed legalization of same-sex “marriage” or civil unions here in New York.
Myth: Civil unions should be allowed in New York; legalizing such unions will do no harm.
Reality: Civil unions should not be legalized. The passage of civil union legislation could lead to a host of negative consequences. Infringement upon the rights and freedoms of religious organizations and employers, who would be forced to recognize civil unions even if doing so would violate their core values
Infringement upon the rights and freedoms of judges and justices of the peace, who could be required to solemnize civil unions regardless of their personal beliefs
Efforts to obtain legal recognition for polygamous and/or polyamorous relationships
Efforts to eradicate the institution of marriage altogether and replace it with a flexible statutory scheme that would allow couples to select from a menu of rights and responsibilities
Use of civil unions as an incremental step toward full legal recognition of same-sex “marriage”
Most importantly, civil unions represent the affirmative governmental endorsement and approval of family structures that, by their very nature, deprive children of either a mother or a father. Children need both mothers and fathers. The preferences of adults and the agendas of special interest groups must never take priority over the best interests of children.
Stephen P. Hayford, Esq. is a Christian attorney who resides in Albany, New York. Stephen serves on the Steering Committee of the Coalition to Save Marriage in New York (www.savemarriageny.org), and is an Allied Attorney of the Alliance Defense Fund.
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