I walked the civil rights picket lines in the ‘60’s. I was active; I was involved; I was horrified by the thought that people were mistreated because of the color of their skin.

I was a member of the Congress of Racial Equality and other civil rights organizations in college; I picketed at the opening of the 1964 World’s Fair at Flushing Meadows to protest de facto discrimination in New York City schools; I marched in Washington; I was part of the civil rights movement. I was proud of it then. I’m perhaps more proud of it now.

I give the credit for my firm belief in equal treatment for all to my upbringing. My parents, both New York City educators were committed to the right things. They exposed me to those things that nurtured a value system I still posses today.

I was 6 years old. It was a hot summer and we had driven from New York to Miami to visit my aunt and her new husband who had just settled in that then-very faraway state. I remember very little of the summer vacation except they had a big white house. There was one small incident that has stayed with me through more than five decades.

We were somewhere in Miami walking on the street and it was hot. We stopped into a Woolworth’s because someone in our group needed something. I walked over to a nearby water fountain and started to drink the refreshing cold water. My aunt came running over: “You can’t drink from that fountain,” and she quickly whisked my away to another one where she told me to enjoy.

I asked why and she pointed out the words “Whites only” over my fountain and told me the other fountain was for the Negroes. (I really don’t know if she said “black,” “coloreds” or “negroes.”

Sometime later that day, dad sat down with me and gave me my first civil rights lesson. Dad was an intellectual activist. He didn’t take to the street and picket lines. However, he did lead his life personally and professionally as an example of the society he believed America must become. I don’t remember his words about the water fountain but I do remember the water fountain incident. I have lived with it and thought about it frequently over the subsequent half century.

I came away not understanding why people would seek to separate themselves from others. Why isn’t everyone entitled to equal treatment?

Years of people taking to the street, a landmark 1964 Supreme Court ruling later, and society evolved. Blacks and whites were equal in the eyes of the law, and after time, in the eyes of all people of good will. An injustice that existed in my lifetime was addressed, and for the most part corrected.

Another social injustice has existed since my youth and only recently has the tide started shifting in favor of granting equal rights to gays. Lesbian and gays for most of my life were treated as society outcasts. The church (all of them) led the way in justifying discrimination against homosexuals.

They’ve come along way. We have a gay Speaker of the City Council; gay unions are recognized in many states; and gay life partners are frequently entitled to benefits afforded heterosexual marriages.

The acceptance is not universal and the rights far from equal. The NYS Court of Appeals – the States’ highest court – last week ruled against same-sex marriage in New York.

I am not here to preach on behalf of homosexuality. I am, however, still committed to giving everyone a drink at the same water fountain. We’re all entitled to the same thing. Dad taught me that more than 50 years ago.

However, no one should be surprised that the State Court of Appeals did not bless gay marriage. They have not been an activist court. Three judges were appointed by gay marriage foe George Pataki and the sole black judge – perhaps the most liberal member of the court – voted with the three Pataki appointees. His 14-year term is up in September and Pataki could conceivably return Cuomo appointment George Bundy Smith to the court.

The State Court of Appeals has in the past and not surprisingly again left this major social change to the legislature. I believe that is the proper venue for the people’s law to be written. The legislative body is directly answerable to the people and a change of a social institution should rightfully come from the people’s representatives.

In January, we will have a new Governor. Eliot Spitzer, the likely winner, is in favor of allowing gay marriage. There is only one overriding problem for legislative equality to be approved next year in Albany.

The ineptitude of the New York State Legislature will once again prevent New York State from doing the right thing. Complicity between the two houses to ensure districts are drawn to protect incumbents has allowed three men to rule Albany. One of them, Joe Bruno, has reiterated his opposition to a gay marriage bill.

This is merely one of many issues that will likely be shoved aside as another of New York’s legislative failures. Don’t blame the court; blame the folks you send to Albany who follow orders and have allowed districts to be drawn to preserve the inane status quo.

And don’t be afraid of gay marriage. No one is going to force you to drink at the black water fountain.

Michael Schenkler can be reached via this contact form.