New York Marriage Update: State Senate Vote TONIGHT!

Finally! It appears as if the long-pending marriage equality bill will get an up or down vote on the floor of the New York State Senate tonight. A marriage equality bill has passed the lower house multiple times, most recently last week. Senate Majority Leader Dean Skelos had the power to smother the bill to death in the chamber he controls but has decided to just have the vote and get it over with.

After many hours of deliberation and discussion over the past several weeks among the members, it has been decided that same sex marriage legislation will be brought to the full Senate for an up or down vote. 

 The entire Senate Republican Conference was insistent that amendments be made to the Governor’s original bill in order to protect the rights of religious institutions and not-for-profits  with religious affiliations.  I appreciate the Governor’s cooperation in working with us to address these important issues and concerns. 

As I have said many times, this is a very difficult issue and it will be a vote of conscience for every member of the Senate.

The text of the bill with the new religious exemption amendments has been publicly released and the coalition pushing for enactment of marriage equality in New York State (New Yorkers United for Marriage) has agreed to the language, which looks like:

10-B. RELIGIOUS EXCEPTION.

1. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW, RULE, REGULATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, A RELIGIOUS ENTITY AS DEFINED UNDER THE EDUCATION LAW OR SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW, OR A CORPORATION INCORPO RATED UNDER THE BENEVOLENT ORDERS LAW OR DESCRIBED IN THE BENEVOLENT ORDERS LAW BUT FORMED UNDER ANY OTHER LAW OF THIS STATE, OR A NOT-FOR-PROFIT CORPORATION OPERATED, SUPERVISED, OR CONTROLLED BY A RELIGIOUS CORPORATION, OR ANY EMPLOYEE THEREOF, BEING MANAGED, DIRECTED, OR SUPERVISED BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVO LENT ORDER, OR A NOT-FOR-PROFIT CORPORATION AS DESCRIBED IN THIS SUBDI VISION, SHALL NOT BE REQUIRED TO PROVIDE SERVICES, ACCOMMODATIONS, ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES FOR THE SOLEMNIZATION OR CELEBRATION OF A MARRIAGE. ANY SUCH REFUSAL TO PROVIDE SERVICES, ACCOM MODATIONS, ADVANTAGES, FACILITIES, GOODS, OR PRIVILEGES SHALL NOT CREATE ANY CIVIL CLAIM OR CAUSE OF ACTION OR RESULT IN ANY STATE OR LOCAL GOVERNMENT ACTION TO PENALIZE, WITHHOLD BENEFITS, OR DISCRIMINATE AGAINST SUCH RELIGIOUS CORPORATION, BENEVOLENT ORDER, A NOT-FOR-PROFITCORPORATION OPERATED, SUPERVISED, OR CONTROLLED BY A RELIGIOUS CORPO RATION, OR ANY EMPLOYEE THEREOF BEING MANAGED, DIRECTED, OR SUPERVISED BY OR IN CONJUNCTION WITH A RELIGIOUS CORPORATION, BENEVOLENT ORDER, OR A NOT-FOR-PROFIT CORPORATION.

2. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW OR RULE, REGU LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN THIS ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO SUBDIVISION ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OF ANY RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER ATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO DATIONS OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME RELI GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTAB LISHED OR MAINTAINED.

3. NOTHING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO LIMIT THE PROTECTIONS AND EXEMPTIONS OTHERWISE PROVIDED TO RELIGIOUS ORGANIZATIONS UNDER SECTION THREE OF ARTICLE ONE OF THE CONSTITUTION OF THE STATE OF NEW YORK.

Although there are only 31 publicly announced votes in favor of marriage equality in the 62 member Senate, it has been rumored by several sources that there is an unannounced 32nd vote and Governor Andrew Cuomo has fought valiantly and powerfully to shepherd the measure through the legislature and promised to sign the measure into law, after which it will go into effect 30 days later.

Marriage equality opponents are expressing with displeasure their belief that the measure will pass the Legislature tonight. You can watch the New York State Senate vote live here.

If New York does enact marriage equality, the percentage of American citizens that live in jurisdictions where marriage equality is the law of the land will more than double from 16 million to 35 million.