Will Calif. Prop 8 kill NY gay marriage bill?
12.01.2008 12:39pm EST
(New York City) There are growing concerns that New York State Democrats are about to shelve legislation that would allow same-sex marriage in the Empire State in the wake of California’s Proposition 8 which imposed a constitutional ban on gay weddings.
In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the Legislature.A bill that would allow same-sex couples to marry in New York passed the Democrat-controlled Assembly last year, but Republicans who then controlled the Senate refused to consider the legislation.
November’s election saw 40 years of GOP rule in the Senate come to an end, which renewed hopes of LGBT rights groups that the bill would be reintroduced in 2009. Gov. David Paterson has said if a marriage equality bill came to his desk he would sign it.
But despite a healthy majority in both the Assembly and the Senate, some Democrats are calling for the bill to be delayed, fearing a backlash at the polls in 2010 that could see Republican gains and potentially cost Paterson a second term as governor.
Even some gay advocates in Albany are urging caution, fearing that enough Democrats in the Senate could vote against the bill that it would not pass.
“We want to get there, but we want to get there the right way or else we risk setting ourselves back another decade,” said Sen. Liz Kruger (D) told the New York Times.
“I think the California proposition and the recognition that entities with large amounts of money who oppose same-sex marriage have decided to be large players in this have a lot of people going back to the drawing board.”
Openly gay Assembly member Daniel O’Donnell, who introduced the last marriage bill, said he intends to go forward with a new piece of legislation early in 2009, despite some party concerns.
“The leadership of the Senate and others in our community collected a lot of money from a lot of people with the promise – spoken and unspoken – that if the Democrats won the Senate, they would take a vote,” O’Donnell told The Times.
The Democrat’s point man in the Senate on LGBT issues won’t give O’Donnell’s bill more that 50-50 odds in 2009.
“I can’t even imagine before the budget’s done that we would do anything,” Sen. Thomas Dunae said. The Legislature is required to pass its budget before the state’s fiscal year begins on April 1.
Even then, the marriage legislation is iffy. Three conservative Democrats are openly opposed to the measure.





“Will Calif. Prop 8 kill NY gay marriage bill?”
No. Religious bigotry, pragmatism, and complacency will kill New York’s marriage bill.
America fails.
I also think this “there will be a backlash, so let’s wait” strategy is very limited. In my opinion, moving forward, the effort needs to be two pronged: 1) Get marriage, and 2) Fight the backlash referendum that is sure to follow. Don’t try to avoid the backlash…count on it, and then counter it.
…having said all that, I could see them waiting a year to try to line everything up.
Ever hear of don’t make promises you can’t keep?
Don’t lure people into giving campaign money with promises you either can’t keep or have no intention of keeping.
You paint yourself into a corner that way.
“Even then, the marriage legislation is iffy. Three conservative Democrats are openly opposed to the measure.” This is the difference between Republicans and Democrats. The Democrats cannot stick together on an issue. All they care about is their re-elections!
I don’t see why President-elect Obama couldn’t help us out with the rabid homophobe NY State Senator Ruben Diaz(D) who has indicated he will not support anyone for senate majority leader who supports marriage equality like Senator Malcolm A. Smith(D). Why couldn’t Obama appoint him to something that would appeal to him that’s nevertheless obscure
like that faith-based committee thing Bush hatched?? That would get him out of NY and NY politics.
Bring it on. There is no “right way” to do this. We just have to do it, and convince reasonable Americans that it’s the right thing to do. It would be a mistake for New York to neglect this opportunity out of fear.
The Democrats are backing away from marriage equality?!?!?!?
I can’t believe it!
I’m shocked!!
Great, time for gay New Yorkers and their allies to speak up and to tell their legislators that you want a vote soon and very soon for gay marriage not in 2010 but very early by January 31, of 2009.
In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have a constitutional right to marry. ?!?!?!
What is the constitutional right for straight couples to marry? Heres a question for those who think that.. Why do we get married?? I’m guessing most of you are yelling at your computer monitor the word LOVE…
Oh i see what this is, it is because we really dont love each other, take a look around everyone, if we dont love each other, why on earth would we protest?
Over 60 per cent of those who do marry tend to end up in divorce, so what’s the point for them to get married, maybe god was in a bad mood… It’s a big wonder as to why they allow straight marriage, when it has a likely chance of ending in divorce.
Yet another reason why we can’t rely on the Democrats to live up to their promises. I think it’s time we all unite and vote for a third party. It’s time we oust the Republicans AND the Democrats.
Why am I not surprised by this story at all?
This is a repeat of 1993 when President Clinton betrayed us on Gays in the military. You cannot trust the Democrats. All talk when they want Gay money and no promises kept after election day. Remember President Clinton signed the Defense of Marriage Law.
Surely there are a couple of GOP senators who would vote for marriage equality. Has anybody checked for potential allies in the GOP?
This is one really angry Gay New Yorker writing!
And I live in the Long Island district which gave the Dems control of the State Senate.
Take this as a threat or a promise, but, my dear fellow Democrats, you are now going to be held accountable by US.
If you do not follow through on marriage equality in the coming Albany session, this 20-year loyal Dem with a great big mouth will leave the Party and take a LOT of folks with me!
Yes, Senator Foley, and all polticians, this is directed at you. You only have a few months to decide if you want the GLBT community as an ally.
I, too, an sick to death of being stabbed in the back; my loyalty to the Party is too often returned empty.
This will not continue. I promise.
Greg
Wait until 2010…What makes them think they will do anything for the gay community in an election year? Who says that the Dem’s will keep control of the Senate after the 2010 elections? I agree with Matt.