The New York Times apparently believes that it is unnecessary to protect religious believers--and that doing so proves "discriminatory intent."
Though there was unnecessary secrecy in the negotiations, Gov. Andrew Cuomo made a determined effort to achieve marriage equality in New York. He shares credit with the four Republican state senators who bucked their party and threats from conservatives to do what they knew was right. State Senators James Alesi, Roy McDonald, Mark Grisanti and Stephen Saland, all from upstate districts, deserve the support of their communities. They showed the kind of strength that is extremely hard to find in today’s politics.
In drafting a compromise, however, Senator Saland and other Republicans insisted on language that carves out exceptions for religious institutions and not-for-profit corporations affiliated with those religious entities. That provision allows those tax-exempt entities to refuse to marry a same-sex couple or to allow the use of their buildings or services for weddings or wedding parties. There was simply no need for these exemptions, since churches are protected under both the federal Constitution and New York law from being required to marry anyone against their beliefs. Equally troubling, an “inseverability clause” in the act appears to make it impossible for any court to invalidate part of the law without invalidating the whole law — raising questions about what happens to couples during an appeal.
While some civil rights advocates are optimistic that these provisions are relatively minor, we are deeply troubled by their discriminatory intent. The whole purpose of this law should be to expand civil rights without shedding other protections in the process.
But there's more, from this:
But in one very important way, gay marriage will not quite be marriage even in New York, even 30 days from now when the law goes into effect. That is because the psycho-sexual-financial-commercial-legal dramas that entangle the domestic lives of straight people often have another component: religion. And religious institutions have an exemption in the new law over accommodating gay people. It was key to the passage of the legislation.