I am as happy about New York’s marriage equality as anyone. But as with so many other things, the headlines are disproportionate to New York’s actual contribution. As with the Stonewall uprising, New York is more fortunate in having a large media megaphone than in having any national leadership role. This is certainly not a bad thing, since attention to goings-on in New York helps to validate the work so many people across the country have been doing. But New York is like Microsoft: It’s very good at taking (and being given) credit for the original ideas and labor of others.
And there is a very deep irony in this victory. Governor Andrew Cuomo cannot receive enough credit for taking the lead in making this happen. After years of feints and dodges by New York’s unfathomable legislature, Cuomo showed what political leadership looks like.
But in his statement after the vote, Cuomo said:
“This state, when it’s at its finest, is a beacon of social justice. . . . [T]he legacy is that we are the progressive capital of this nation. . . . the other states look to New York for the progressive direction.”
But it is exactly because New York did not adopt key elements of the progressive era that this law cannot be challenged. The referendum and initiative, in particular, were landmark progressive reforms, first adopted by Oregon voters in 1902 and then by California in 1911 at the urging of Governor Hiram Johnson. The referendum allows people to vote directly to keep or abandon any legislation signed by the governor, and the initiative gives voters the power to pass laws directly.
The fact that New York has never adopted either of these iconic progressive reforms is what drives the National Organization for Marriage apoplectic. Their window for appealing to the ebbing popular prejudice against lesbians and gay men is closing rapidly, and they still have a few states where they haven’t yet been able to leverage that to amend state constitutions and cement the status quo in place.
I can’t say I feel sorry for NOM. But if I were Governor Cuomo, I’d be a little less cocky about how progressive my state is.