With the support of Gov. Eliot Spitzer, legislation to legalize same-sex marriage in New York was approved by the state Assembly this year. However, the bill is not expected to pass in the Republican-led Senate.

The legislation passed 85-61, however only four Republican representatives voted in favor of the bill. A statewide poll released Tuesday found that New Yorkers are also split on the issue, with 35 percent of registered voters supporting same-sex marriage and 35 percent supporting legal union but not same sex marriage.

I presume that the fear among conservatives is that if the legislation should pass, the government will force individual congregations to sanction same-sex unions. But if a religion dictates that homosexuality is wrong, the government can't force the faith to proclaim otherwise. On the other hand, if a church is accepting of homosexuality, the government shouldn't supersede the union.

Politicians often reiterated that marriage should be between a man and a woman because the United States is predominately Christian and they don't want to lose their constituents. But this nation was founded on religious freedom and there are many faith communities that welcome homosexual couples.

As such faith communities exist, I don't understand the resistance to the legalization of same-sex marriages. Considering a recent statewide poll found that 70 percent of New Yorkers are in favor of some type of recognized same-sex union.

Politicians try to skirt around the issue by offering “concessions” to gay and lesbian couples such as tax relief and hospital visitation. But it's difficult to imagine someone down on one knee asking to improve the April refund. Besides, I don't believe that the gay and lesbian communities want the rights of common law union. I believe that the gay and lesbian communities are fighting to be recognized as equal human beings. As it stands now, homosexuality is taboo. By denying the gay and lesbian communities the right to same-sex marriage, the United States is upholding the Judeo-Christian belief that homosexuality is wrong. But as there is no state religion, what right has the government to imply that anyone's orientation is immoral?

And religion isn't the only issue. Whether or not a person practices religion, the role of a spouse as recognized by state is a powerful one. What right has the government to dictate who anyone chooses as their better half?

If two people choose to commit to each other, I see no reason why the government shouldn't recognize the union.

Carole Estabrook's column appears Mondays in The Citizen and she can be reached at estabrookcarole@yahoo.com