In NY, Anti-Gay Marriage Equality Senators Suggest Referendum

by Kilian Melloy

EDGE Staff Reporter

Thursday November 13, 2008

Gay and lesbian families nationwide have looked to New York state for a couple of years now with the expectation that marriage equality would be forthcoming there. With the Democrats taking a majority in the state senate this election, hopes were high that New York might become the fourth state to extend marriage equality to all of its residents, but a power struggle within the ranks of Democrat lawmakers there has entwined the question of gays and lesbians being given the right to marry with the issue of who will assume the position of the state senate's majority leader.

Although a bill to extend marriage equality has already passed the state assembly, the state senate has yet to take a vote on the matter; outgoing senate majority leader Joseph Bruno has been cited in the media as blocking any vote.

In the wake of the Democratic victory in New York, some Democrats are resisting the appointment of senate minority leader Malcolm A. Smith, a pro-marriage lawmaker, to the post Bruno will vacate.

Opponents of marriage equality are pushing for a new senate majority leader who would be antithetical to allowing gay and lesbian families to marry; they also say they would prefer a Latino Senate majority leader.

Opposing Smith's appointment are state senators Rub?n D?az Sr. and Senator Pedro Espada Jr., reported The New York Times in a Nov. 11 article.

D?az and Espada are part of the so-called "Gang of Three," which also includes state senator Carl Kruger.

The "Gang of Three" have said that they would not get behind a new leader until the legislature reconvenes early next year.

Said Kruger, "Our preference would be that there be a Hispanic Democrat as the leader in a bipartisan chamber."

Added Kruger, "That's not necessarily who's on the right or left; it's who best can do the job."

But some view the "Gang of Three" as more interested in obstructing the state's progress toward marriage equality. D?az, who is also an evangelical pastor, has stated his opposition to marriage equality for gay and lesbian families; both D?az and Kruger announced an intention to try to take the issue out of the hands of state lawmakers by turning the matter into a ballot initiative and putting marriage equality rights to a popular vote.

With one exception, Arizona in 2006, ballot initiatives on marriage equality have resulted in state constitutional amendments that single out gays and lesbians for denial of marriage rights.

The 2006 ballot initiative in Arizona was followed by a revised amendment this year that voters approved. The original amendment was so broadly worded that voters worried that unmarried heterosexual partners would be affected; the amendment was re-worded so as only to affect gay and lesbian families, and voters approved the amendment earlier this month.

This election also saw voters approve an amendment to the California constitution, 52-48 percent, that revoked the existing right of gay and lesbian families to enter into marriage.

The New York Daily News quoted state senator Tom Duane in a Nov. 11 article.

Duane said that D?az was "a little bit of a bully" when it came to the issue of marriage equality, and opined that hardball tactics would not be successful in the new legislature.

Said Duane, "It's absurd that Sen. Diaz thinks he can bully his way on this issue."

Added Duane, "That is just not the way the government is going to be in the new Senate."

Continued Duane, "I guess he thinks he hasn't been getting enough attention, so he feels need to bully his way to the forefront, but that's not going to fly in the Senate anymore.

"He'll get used to things running in a more democratic way."

Predicted Duane, "Sen. Smith is going to be the leader of the Senate differently than Sen. Bruno," adding, "It's a whole new way to operate.

"It's not just going to be up to Sen. Smith" when it comes to "what comes to the floor [for a vote]."

The New York Daily News also reported that D?az had attempted to convince Smith to sign a document promising not to allow the issue of marriage equality to come up for a vote.

But Duane, who is openly gay, said there were other matters to attend to first: most pressing, the state's economic status.

Said Dueane, "We'll get to [other items] after the budget.

"It doesn't matter whether it's a gay family or a straight family, if someone can't make a living in New York State, they're not going to live here.

"I'm confident the Democratic agenda will move forward, but first we have to fix the economy."

Duane offered the opinion that marriage equality would come into law in the state given Gov. David Paterson's support and that of members of the legislature.

"I'm confident that marriage is going to be a reality with the support of most, but not all Democrats, and some Republicans, too."

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.