Update on the New York State Senate marriage fight

by: Adam Bink

Tue Nov 17, 2009 at 13:59

Some notes:

• Schedule: The Legislature went into special session last week, and came out without a vote. They are back in this week with the major purpose of passing a deficit reduction package (DRP) and a few other minor bills. They started yesterday and it was quite a mess, including one Democrat threatening to not even show up unless a deal is cut. Today, the Assembly is in, but Senate members are still huddled in negotiations. My own opinion, confirmed by several people and hinted at by Sen. Espada, the majority leader, is that they will not act on marriage equality until moving on DRP, partly for the politics of "doing the 'important' people's business" before doing marriage. The leadership also promised a vote before the end of the year, giving them more time to not act right now.

• From various whip counts made privately to me, some phone calls I've made to offices, and one reported publicly, we have 22, possibly 23 (the ones reported on NY1 are correct plus Monserrate, minus Huntley) solid Yes's among Democrats, 4-6 potentials, and 4 No's (Aubertine, Diaz, Onorato, Stachowski). On the Republican side, NY1 has reported 19 No's, although I'm told a few are more fluid. It looks like there are anywhere from 5-10 potential Republicans to get onboard. The magic number to pass is 32.

• To illustrate how fluid this is, below is an e-mail my boyfriend, a Syracuse resident, sent to Sen. Valesky:

  ---------- Forwarded message ----------
  From: valesky@senate.state.ny.us
  Date: Thu, Nov 12, 2009 at 11:27 AM
  Subject: Re: Vote for the marriage equality bill
  To: Perry

  Thank you for your email with regard to the Governor's Marriage Equality Bill.

  Please know that should this bill make it to the Senate floor, I will be supporting it.

  I hope this information is helpful to you.

  Best,

  Dave Valesky
  State Senator

  From:       Perry
  To:         valesky@senate.state.ny.us
  Date:       11/10/2009 03:24 PM
  Subject:    Vote for the marriage equality bill

  Senator David Valesky
  State Capitol Building
  Washington Ave. and State Street
  Albany, NY 12247

  Dear Senator Valesky,

  I need you to make sure the marriage equality bill (S.4401) comes to the floor today and to vote in support of this crucial legislation for LGBT families. Same-sex couples and their families cannot and should not have to wait any longer for a vote that will determine if they will have access to the 1,324 rights and protections that our state provides to all other
  married couples.

  It is time for the New York State Senate to take up the issue of marriage equality. Millions of gay and lesbian New Yorkers and their friends and families expect and deserve a vote on this
  matter in the State Senate.

  This should not be a partisan matter. It should be a vote of conscience that occurs today. I will be watching to see what action you take on this issue.

  Sincerely,
  Perry Singleton

  I called Sen. Valesky's office yesterday morning to confirm and was told he is still making up his mind. Perry called yesterday afternoon and was told the same. Another friend of mine also called and was told he is "likely to support." I had a very long conversation with another undecided Democrat today who said they are very, very undecided on this and feeling the pressure of churches in the district, but wants to support fairness.

This thing is very fluid, so it's important to keep making phone calls. Empire State Pride Agenda has an easy tool that even dials for you. Even if you have a Senator who is on record supporting the bill, there are a lot of Yes votes out there who do not want to touch this issue, and need pressure. Even if you have a Republican, the minority leader, Sen. Skelos, has said he will let his caucus members vote their conscience. Looking at the numbers, I believe this bill with either pass or fail by a hair.

If it passes, there is a near-zero chance it can be put on the ballot for repeal. It will make New York State the third-largest state to allow gay couples to wed. Please call, and report any response you hear back in the comments.