Says Gay City News:

Shortly after 8 p.m., Paterson, four senior Senate Democrats — Jeffrey Klein of the Bronx and Westchester, the deputy majority leader; Eric Adams of Brooklyn; and Manhattanites Eric Schneiderman and Thomas K. Duane, the measure’s lead sponsor — and Alan Van Capelle, the executive director of the Empire State Pride Agenda (ESPA), the state’s LGBT lobby, appeared before the press to announce that the Senate leadership has made a specific commitment to hold a debate and vote on marriage equality before the end of 2009.

The implications cannot be underestimated. Since April, Paterson has consistently called for a vote, which ESPA on several occasions demanded and Duane said repeatedly he has the bipartisan support to pass.

But, to date, the two top Senate Democrats — first Malcolm Smith of Queens, and since a month-long mutiny this past summer by two party members that temporarily denied Democrats the majority, John Sampson of Brooklyn — have pledged to bring a vote only when they can be assured of passage. Given that some of the yes votes Duane and ESPA say they’ve secured have not been made public, it has been difficult to hold leadership accountable according to their standard.

Now that has changed. “For the very first time, we have an historic commitment from the Senate majority to bring the bill to the floor,” Van Capelle told Gay City News the morning after the announcement. “I believe that we had the votes to pass the bill in June. I believe if it had been debated last night we would have had the votes.”

Advocates and opponents say the Senate lacked the 32 votes needed to approve the measure, which Paterson strongly supports and the Assembly already passed.

By evening, Paterson put same-sex marriage on agendas for new special sessions for Monday and Tuesday. Later, standing with supporters of the bill, Paterson said he had a commitment by the Senate to bring the issue to a vote by the end of the year, although its outcome remains uncertain. He urged senators who support the measure to ignore “an almost cowardice about battles.”

“I implore them that I would rather see an up or down vote, than no action at all,” the governor told reporters. “Historically, I think we have lost touch with how movements of equality were reached. There were a lot of ups and downs,” he said, citing the civil rights movement as an example.

“If this bill is put on the floor, there are a lot of people whose consciences will let them vote for the bill, but who just don’t want to stomach all the activity around them if they take a position before the vote,” he added.

The Rev. Jason McGuire of New Yorkers for Constitutional Freedoms, which opposes same-sex marriage, called it a “crushing blow” to same-sex marriage advocates.

“I’m a little hesitant to call it dead yet,” McGuire said. “It’s never over until it’s over … but if they had the votes it would have gone to the floor.”

McGuire acknowledged the issue could re-emerge before Jan. 1, but said he doubted lawmakers would be inclined to consider it next year, when they all face re-election.

McGuire said last week’s special election for New York’s rural 23rd Congressional District showed a resurgence in the power of the Conservative Party, which opposes gay marriage, and “marginal” incumbents won’t want to risk their seats for the issue.

In the congressional race, Conservative candidate Doug Hoffman forced the more moderate Republican nominee, Dierdre Scozzafava, to suspend her campaign by passing her in the polls and in fundraising. Hoffman narrowly lost the race to Democrat Bill Owens.

The bill’s sponsor, Sen. Thomas Duane of Manhattan, refused to comment even on whether he wants it to get to the floor, where approval is uncertain.

When asked if he feels the bill will eventually be approved, he said: “I’m very optimistic.”

The Senate convened and adjourned after less than 30 minutes, the vast majority of which was spent honoring members who were military veterans. Same-sex marriage wasn’t debated or on the agenda.

Paterson has said he would sign the measure into law and pressed senators to follow the lead of the Assembly, which passed it earlier this year. Legislators said Tuesday they may return next week as well as in December.

The leading opponent of the measure in the Senate, Sen. Ruben Diaz Sr., a Bronx Democrat and conservative minister, said he was prepared to strongly oppose the bill and the governor, who promised its passage this year. Diaz said he canceled a cruise with his wife this week – Tuesday is her birthday – and lost a deposit “because of this governor.”

The measure wasn’t brought to the floor after the Assembly acted in the spring because there weren’t enough votes in the 32-30 Democratic majority to pass it. A few Democrats opposed the bill on religious grounds.

It’s likely some Republican votes will be needed for passage. Republican leader Dean Skelos of Nassau County has released his members to act as they see fit, freeing them from the usual practice of bloc voting.

Speaking after the Democratic majority met behind closed doors, Sen. Neil Breslin of Albany County says flatly there won’t be a vote on the bill. Sen. David Valesky of central New York also says it appears the bill won’t get to a long-awaited vote during a special session Tuesday.

The bill’s sponsor, Sen. Thomas Duane of Manhattan, refused to comment even on whether he wants the bill to get to the floor, where approval is uncertain.

Sen. Martin Malave Dilan of Brooklyn says the measure could still come up later in the day, but it wasn’t scheduled for the initial meeting of the Senate.

Gov. David Paterson directed them to take up equal marriage – they can choose to do so or not, but they’ll have to discuss why.

The state assembly has already passed an equal marriage bill and Gov. Paterson has said he will sign it if it reaches his desk. All we need is for the state senate to pass the bill.

This is our best chance for marriage in New York State until after the midterm elections.

Watch the live stream below. Find and contact your New York State Senator.

This comes a week after a Maine referendum soundly repealed that state’s new same-sex marriage law.

What appears to be a likely vote in New York is being forced by Gov. David Paterson who put it on the agenda of the extraordinary session he’s calling for Tuesday.

Although he can require the Legislature consider the bill, Paterson can’t compel lawmakers to vote. This makes for a rare moment in Albany when the outcome of the floor votes isn’t clear well before the formal action.

Meanwhile, same-sex marriage advocates remain pleased that they may finally get a vote for final legislative approval in the Senate. Still, they don’t know if there are enough votes to pass the bill.

“I think a lot of senators woke up this morning and realized a vote on marriage equality is real and could come tomorrow,” said Alan Van Capelle executive director of Empire State Pride Agenda, statewide lesbian, gay, bisexual and transgender advocacy group.

“I know about their family members who are gay and lesbian, their friends who are gay lesbian, and at the end of the day I believe, when this comes to the floor, these individuals will not be able to vote against their friends and their family,” he said. “Now is the time for them to stand up and be counted. All eyes are on Albany.”

The movement suffered setbacks last Tuesday in off-year elections. In Maine, a referendum repealed the same-sex marriage law.

The Rev. Jason McGuire of New Yorkers for Constitutional Freedoms said Tuesday’s results have shown even moderate Republicans that they can’t afford to back same-sex marriage going into the 2010 elections. He said the group is confident they have 35 or 36 senators opposed to the measure, which would block passage in the 62-seat house.

“God established marriage and I don’t think the state has a right to redefine it,” McGuire said. But he said the concern is really about children, who need to learn from mothers and fathers.

“Marriage is never about two people. It’s about future generations,” he said. “It does affect what’s good for society as a whole.”

Already passed in the Democrat-led Assembly and supported by Paterson, the measure wasn’t brought to the floor in the spring because there weren’t enough votes to pass it. Democrats hold a 32-30 majority, but a few opposed the bill on religious grounds.

Republican leader Dean Skelos has released his members to vote as they see fit, freeing them from the usual bloc voting. Van Capelle of the Pride Agenda called Skelos a “genuine, honest partner in this struggle,” a switch from previous years when Senate Republicans, then in the majority, killed the measure.

The Pride Agenda released the names Monday of 700 clergy and lay leaders from across New York State who support the bill.

Meanwhile, the extraordinary session is setting up a showdown with between Paterson and the Senate over how to address a $3.2 billion deficit and allow New York to pay its December bills.

Paterson hoped his rare midyear address Monday to a joint meeting of the Legislature would draw support for his plan to cut spending, among other measures.

But the Democrat-led Senate continues to oppose his proposal, pitching its own plan that avoids what the conference calls painful cuts.

Negotiations continue, with few deals in sight.

The bill, which has been introduced four times but has always stalled in committee, passed 56-38 and now goes to the state senate.

Says the Columbus Dispatch:

The bill could hit a wall in the GOP-controlled Senate, where President Bill M. Harris, R-Ashland, has said repeatedly that although the measure will get a hearing, he doesn’t see a need for the legislation and that there are already sufficient protections in place.

“Other people are getting that evidence and information (of discrimination), but I am not,” Harris said. “I talk to business people all the time, and they’re saying it’s not an issue. If they had trouble with it, they’d be trying to get a law passed.”

Twenty states have gay anti-discrimination laws, as do 443 Fortune 500 companies and 17 Ohio cities.

Gov. John Baldacci signed the measure Wednesday after election officials verified that gay marriage foes had reached the threshold of petitions necessary to put the law on the ballot.

The gay marriage law was supposed to go into effect this month, but it was put on hold while the secretary of state’s office validated the number of petitions.

The announcement comes as no surprise.

Gay marriage opponents needed the signatures of at least 55,087 registered voters for the so-called People’s Veto, and they turned in nearly 100,000 signatures.

In May, Maine became the fifth state to allow gay marriage, and New Hampshire followed suit.

“When the people have spoken by amending our Constitution, I will abide by their command,” said Attorney General J.B. Van Hollen, who believes the law is unconstitutional. “When policy makers have ignored their words, I will not.”

The law, which took effect Aug. 3, allows gay and lesbian partners to receive dozens of the same legal protections as married spouses. So far, 413 couples have been added to the state registry and more have applied.

The conservative Wisconsin Family Council asked the state Supreme Court last month to invalidate the law. The group argued that it conflicts with a 2006 constitutional amendment approved by voters that banned gay marriage and any “substantially similar” relationships.

Wisconsin was the first state to grant domestic partnerships to gay couples despite having the constitutional ban. It was also the first Midwestern state to give gay couples some legal protections legislatively.

Van Hollen, a Republican, said the domestic partnerships as defined by the law are “substantially similar” to marriage. He accused the Democratic-controlled Legislature and Gov. Jim Doyle of ignoring the will of the people.

The decision by Van Hollen to declare the law unconstitutional will force the state to pay the expense of hiring an outside counsel to defend the law, a task normally performed by the attorney general’s office. Outside lawyers typically cost taxpayers about $175 per hour.

The high court last week asked the state to respond to the lawsuit by Aug. 31 as it considers whether to take the case. Four of the seven justices would have to agree to do so. If they decline, the law would stand but the group could file a challenge in circuit court.

Attorney Brian Raum, who is representing the conservative group, said Van Hollen’s decision strengthens the group’s case.

“I certainly think it helps,” he said. “The attorney general’s opinion in regard to the registry’s unconstitutionality may be a positive factor in helping the court to make a decision on this.”

Rep. Mark Pocan, an openly gay Madison Democrat who championed the law, said Van Hollen was trying to score political points with his conservative base.

“That’s clearly a statement by J.B. Van Hollen the politician, not J.B. Van Hollen the attorney general,” he said. “He’s trying to make a name for himself but this is the kind of sloppy political decision that hurts the institution.”

The governor and lawmakers who supported the law have expressed confidence it will be upheld since the rights granted to same-sex couples gives them only 43 of the 200 rights given to married couples.

Registering will make it easier for same-sex couples to complete legal transactions like transferring property and executing wills, and can be used to obtain health insurance through employers that extend coverage to domestic partners.

They also will be guaranteed the right to visit each other in hospitals and care facilities, make end-of-life-decisons and take off work under the Family and Medical Leave Act to care for each other. They will not have the right to jointly file taxes, among others.

The nonpartisan Legislative Council concluded the law should survive a legal challenge because it does not give “comprehensive, core aspects of the legal status of marriage to same-sex couples.” Those include the ability to divorce and to share marital property.

Though the New York Senate passed over 100 bills Friday night, they did not vote on several big issues, such as marriage equality and mayoral control of city schools.

The Senate had been enduring a month-long stalemate after State Senator Pedro Espada Jr. switched sides to align with the Republicans. On Thursday, Espada rejoined the Democratic Party and was appointed senate majority leader. Former Senate Majority Leader Malcolm Smith remains Senate president and Senator John Sampson became the Democratic conference leader.

Read the full NY1 story with video  here.

None of the bills legalizing same-sex marriage in Rhode Island advanced to a floor vote this session, continuing a trend begun in 1997.

The lack of Statehouse action on gay unions means that Rhode Island is unlikely to allow gay marriage anytime soon, despite decisions this year by lawmakers in New Hampshire, Maine and Vermont joined Connecticut and Massachusetts in legalizing gay marriage.

“I was hoping the momentum that was going around New England and the support we had in the House would get enough representatives to ask for it,” said Rep. Frank Ferri, D-Warwick, who is gay and sponsored same-sex marriage legislation. He and his partner wed in Canada.

Equally disappointed were gay marriage opponents, who wanted voters to be able to decide whether the state constitution should be changed to ban gay marriage.

“I think that if you put it to the voters on a statewide basis, gay marriage would fail,” said Rep. Jon Brien, D-Woonsocket.

A poll released by Brown University last month showed 60 percent of registered Rhode Island voters would support a law allowing gay couples to marry, and 75 would support a law allowing civil unions. Still, Rhode Island is the most heavily Roman Catholic state in the country. Catholic leaders are deeply opposed to same-sex unions and several key state officeholders are Catholic.

Murphy and Paiva-Weed, both Democrats and Catholics, oppose same-sex marriage, while Republican Gov. Don Carcieri, also a Catholic, would be nearly certain to veto gay marriage legislation should it arrive on his desk.

State lawmakers normally end their session at the end of June. But after a marathon week of late-night deal making, House Speaker William Murphy, D-West Warwick, decided that House lawmakers will return at least one day in July and perhaps in the fall to address remaining bills and monitor the state’s bleak finances. The state Senate planned to meet this week, although an exact day was not immediately set.

A bill that would allow gay men and women to make funeral arrangements for their late partners is pending.

Ferri views that funeral planning bill as a small step forward.

“It’s a recognition of our relationships,” Ferri said. “It’s a recognition that we do need protection.”