Newswise — Jason Frank, Cornell University professor of government and member of the Cornell Lesbian, Gay, Bisexual and Transgender Studies Program, comments on a proposed bill to legalize same-sex marriage in New York State.

He says:

“The New York state senators that have changed their positions on same-sex marriage since the last bill was put forward two years ago have offered two primary justifications for doing so. The first centers on the marked shift in public opinion on the issue. Because 60 percent of the New York electorate now favors marriage equity, as Gov. Cuomo has frequently stated in recent days, the senators should reflect that shift in opinion and serve the people’s will.

“The second justification appeals to the senator’s conscience, and proclaims it, in Sen. Roy J. McDonald’s words, simply ‘the right thing to do.’ Interestingly, these two justifications correspond with two very different views on what our legislative representatives are supposed to be doing when they represent us: do they merely reflect as closely as possible the preferences of their constituents, or are they expected to show leadership and exercise their own best judgment?

“These two views of political representation have animated some of the most contested debates in United States political history, so it is unsurprising that they would reappear in one of the central civil rights contests of our time. The fact that both views of representation – mandate and independence – seem to work increasingly in favor of legislating same-sex marriage should encourage its proponents no matter what the New York Senate decides later this week.”

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