NY Senate Passes Marriage Equality 33-29!

New York becomes the 6th state in the United States to legalize marriage equality. Governor Cuomo has signed the bill into law and it will go into effect 30 days from today.

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.

Gov. Cuomo Introduces Marriage Equality Act

As I mentioned yesterday, today Governor Andrew Cuomo of New York introduced the Marriage Equality Act (pdf) which would end discrimination in the issuance of civil marriage licenses on the basis of the gender of the couples.

The Office of the Governor's press release:

Albany, NY (June 14, 2011)

Governor Andrew M. Cuomo today submitted a program bill to bring marriage equality to New York state. The Marriage Equality Act permits all couples to enter into marriage in New York state, thereby removing the current barrier same-sex couples face in recognizing their relationships, protecting their families and obtaining essential benefits.

Specifically, the Act grants same-sex couples who seek to marry equal status under the law as well as hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex.

"From the fight for women's suffrage to the struggle for civil rights, New Yorkers have been on the right side of history. But on the issue of marriage equality, our state has fallen behind," Governor Cuomo said. "For too long, same-sex couples have been denied the freedom to marry, as well as hundreds of rights that other New Yorkers take for granted. Marriage Equality is a matter of fairness and legal security for thousands of families in this state – not of religion or culture. When it comes to fighting for what's right, New Yorkers wrote the book, and Marriage Equality is the next chapter of our civil rights story."

The U.S. Supreme Court has held that the freedom to marry is "one of the vital personal rights essential to the orderly pursuit of happiness by free people." Further, the state assigns hundreds of protections, benefits and mutual responsibilities in a variety of areas to couples who marry, including health care and hospital visitation rights, child custody issues and financial matters.

However, in New York, many individuals who currently seek to exercise the freedom to marry their partners may not do so solely because they are of the same sex.

The Marriage Equality Act would remove these barriers by amending New York's Domestic Relations Law to state:

• A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex
• No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage shall differ based on the parties to the marriage being the same sex or a different sex
• All relevant gender-specific language set forth in or referenced by New York law shall be construed in a gender-neutral manner
• No application for a marriage license shall be denied on the ground that the parties are of the same or a different sex

To ensure that the bill does not intrude into matters of religious belief, the Marriage Equality Act affirms that no member of the clergy can be compelled to solemnize any marriage. This bill grants equal access to the government-created legal institution of civil marriage while leaving the religious institution of marriage to its own separate and fully autonomous sphere. The bill also guarantees that religious institutions and benevolent organizations such as the Knights of Columbus remain free to choose who may use their facilities for marriage ceremonies and celebrations or to whom they provide religious services, consistent with their religious principles.

New York has always been at the forefront in advancing equal rights. In 1983, New York banned discrimination based on sexual orientation in state employment. In 2002, the state extended the same principle to the private sector by enacting the Sexual Orientation Non-Discrimination Act. That same year, the state recognized same-sex relationships by extending workers' compensation benefits to all those who lost a partner on 9/11. Passage of the Marriage Equality Act represents yet another significant step in granting full and equal rights to all citizens of New York state.

The Marriage Equality Act bill memo is available here. The bill text is available here.

This action is significant because Governor Cuomo had earlier said that he would not introduce a bill this session (which ends next Monday) unless it would pass.

There are currently 30 declared supporters  (29 Democrats and 1 Republican) of marriage equality legislation in the 62-member State Senate, which has passed the state Assembly 3 times. More announcements by Republican supporters are expected prior to a decision on whether a vote will occur on the bill by the Republican caucus on Wednesday June 15.

NY Marriage Equality Prospects Improve Dramatically

James Alesi is the first Republican state senator to publicly announce
 he will vote in favor of a marriage equality bill in New York State

There is finally good news out of the state of New York on the prospects of marriage equality becoming law this year. Three Democrats who voted against the measure in 2009 have publicly announced they will vote yes this time.

The New York Times reports online:

The three Democratic senators — Joseph P. Addabbo Jr. and Shirley L. Huntley of Queens and Carl Kruger of Brooklyn — all voted against the measure in 2009, when it failed by a wide margin. Their switch to the yes column leaves all but one Senate Democrat supporting same-sex marriage — and the fate of the legislation in the hands of the Republican majority in the chamber.

“I believe that votes will be there for marriage equality if the vote happens,” Mr. Cuomo, a first-term Democrat who has made same-sex marriage a top priority, told reporters at the Capitol Monday afternoon.

[...]

Mr. Cuomo spoke to reporters along with all three of the Democratic senators, who explained why they were changing their positions on the marriage issue. Each of them said that the sentiment in their New York City districts has changed over the last several years, and that they have changed along with their constituents.

“What we’re about to do is redefine what the American family is,” Mr. Kruger said. “And that’s a good thing. The world around us evolves.”

Mr. Addabbo said that just two years ago, 73 percent of the constituents who contacted his office opposed same-sex marriage. But this year, he said, he had heard from 6,015 people in his district, of whom 4,839 wanted him to vote for same-sex marriage.

“In the end, that is my vote,” Mr. Addabbo said

It should be noted that the 2009 marriage equalitybill failed by a vote fo 24-38 even though Democrats held a 32-30 advantage at that time. Now Republicans hold a 32-30 advantage but 29 of 30 Democrats have publicly announced they will vote for the bill (only the religious extremist, heterosexual supremacist, rabidly homophobic Rev. Ruben Diaz, Sr. is voting against).

And as I was writing this blog post the first Republican member of the New York State Senate, James Alesi has announced he will vote in favor of the marriage equality bill, leaving the measure a scant two votes short of a declared majority of 32 votes in the 62-member body. These must come from the Republican caucus.

The Times-Union reports online:

Sen. Jim Alesi, emerging from a meeting with Gov. Andrew Cuomo and Lt. Gov. Bob Duffy, said he will vote for same-sex marriage.

“It was very liberating,” Alesi said, describing how “anguishing” it was to vote against the bill in 2009. “If you live in America, and you expect equality and freedom for yourself, you have to extend it to others.”

He is the first sitting Republican senator to declare his support for the same-sex marriage. He joins three Democratsin the chamber who committed to support the as-yet-introduced measure Monday, bringing the total number of committed yes votes to 30. (Thirty-two votes are needed for passage.)

The current tally of Senators to contact are (courtesy Adam Bink at Prop8TrialTracker.com):

Joe Addabbo (15, Queens) (518) 455-2322

James Alesi (55, Rochester suburbs) (518) 455-2015

Greg Ball (40, Putnam County) (518) 455-3111

Joe Griffo (47, Utica) (518) 455-3334

Mark Grisanti (60, Buffalo, Grand Island, Niagara Falls) (518) 455-3240

Shirley Huntley (10, Queens) (518) 455-3531

Carl Kruger (27, Brooklyn) (518) 455-2460

Andrew Lanza (24, Staten Island) (518) 455-3215

Betty Little (45, North Country stretching from Plattsburgh to Glens Falls) (518) 455-2811

Jack Martins (7, Nassau County/Garden City) 518-455-3265

Roy McDonald (43, north and east of Albany: Troy, Saratoga Springs, Clifton Park) (518) 455-2381

Interestingly, I used to live in Troy, New York for 8 years (1986-1994) when the odious State Senator Joseph Bruno was my representative and Republican Majority Leader did his best to bottle up and kill the New York gay rights bill (SONDA) for a decade or more. Happily, he was indicted and convicted of corruption.

The current Republican majority leader of the state senate is Dean Skelos and had said that he would allow a vote on a marriage equality bill prior to the Republicans winning a majority last November.

Governor Andrew Cuomo says he intends to introduce a marriage equality bill on Tuesday, so it would seem the votes are there on the Senate floor for final passage by the end of the week. The question is will the majority leader allow it. With nearly 60% of the adult public approving of marriage equality in New York in multiple polls it would be a truly anti-Democratic (is that the definition of Republican?) move to make to prevent a bill from becoming law when the votes are there. Do you really want to be the Governor Wallace of your generation?

New TV Ad For Marriage Equality in New York

Since I lived in New York State for 8 years I stll pay careful attention to politics (especially LGBT politics) there. The battle to pass legislation to enact marriage equality in New York when the Governor, the lower House and as much as 58% of the general public support is fascinating to me. Republicans control the State Senate and they seem adamant about not allowing legislation to move forward. There are two weeks left of this legislative session, which ends JUne 20.

New Yorkers United for Marriage has released a second television ad which will start airing this week around the state.

Another Poll Confirms Supermajority For NY Marriage Equality

Another poll (Quinnipiac) has confirmed that there is a large majority of support for marriage equality in New York:

Support for legislation allowing same-sex couples to marry is 58 - 36 percent, higher than ever while statistically unchanged from 56 - 38 percent April 14. Support is 72 - 23 percent among Democrats and 58 - 34 percent among independent voters, while Republicans are opposed 64 - 34 percent. There is little gender gap: men support same-sex marriage 58 - 37 percent, while women back it 59 - 34 percent. 

The poll also illustrates the trendlines for support for equality have been increasing over time:

TREND: Would Do you support or oppose a law that would allow same-sex couples to get married?

SUPPORT... High Low Jun 02 Apr 14 Feb 24 Jan 27 Dec 16 Jun 02 Apr 15 2011 2011 2011 2011 2009 2011 2004 Support 58 56 54 56 47 58 37 Oppose 36 38 39 37 46 36 66 DK/NA 6 5 7 7 7 6 8

The question for State Senate Republicans is what side of history do they want to be on?

NY Gov Cuomo Issues Video Urging Marriage Equality Support

President Bill Clinton Endorses NY Marriage Equality

Human Rights Campaign released a statement today from former President Bill Clinton in which he endorses marriage equality in the state of New York.

Our nation’s permanent mission is to form a ‘more perfect union’ – deepening the meaning of freedom, broadening the reach of opportunity, strengthening the bonds of community. That mission has inspired and empowered us to extend rights to people previously denied them. Every time we have done that, it has strengthened our nation. Now we should do it again, in New York, with marriage equality. For more than a century, our Statue of Liberty has welcomed all kinds of people from all over the world yearning to be free. In the 21st century, I believe New York’s welcome must include marriage equality.

The Big Dog had endorsed the concept of marriage equality publicly way back in 2009, some 13 years after he (in)famously signed the odious Defense of Marriage Act (DOMA) into law.

The momentum for a vote in the New York State Senate is building as Governor Andrew Cuomo has become increasingly vocal about expending his political capital to get marriage equality enacted sooner rather than later.

POLL: Most New Yorkers Support Marriage Equality

A new Quinnipiac poll has confirmed that marriage equality has majority support among almost all segments of the New York population.

Would you support or oppose a law that would allow same-sex couples to get married?

Tot    Rep    Dem    Ind    Men    Wom    HsHolds
Support   56%    41%    69%    55%    54%    58%    59%
Oppose    37     52     25     39     40     34     36
DK/NA     7      7      6      7      6      8      5

Governor Andrew Cuomo, a Democrat, supports a bill to extend civil marriage rights to all same-sex couples, but Republicans now control the State Senate and even when it was under narrow Democratic control a marriage equality bill failed 38-24 in December 2009.

Freedom To Marry's Evan Wolfson issued a statement on the new poll results:

"Today’s poll is yet another confirmation that a strong majority of New Yorkers believe that loving and committed same-sex couples should share in the freedom to marry.  New Yorkers, like all Americans, are looking at their gay neighbors, co-workers, and family members and realizing that they deserve the same fairness, the same treatment, and the same respect under the law as everyone else.  The Assembly has passed a freedom to marry bill three times. Governor Cuomo has urged and promised action to end this exclusion.  It is indeed time to act.  Both chambers should swiftly sent a marriage bill to the governor’s desk so that New York can move forward, as New Yorkers want and deserve.”

In 2011, the states most likely to enact marriage equality are Rhode Island, Maryland and New York.