NY Marriage Equality Hinges on Undecided Lawmakers

A New York tabloid claims that Republican legislators in that state are ready to extend marriage parity to gay and lesbian families.

The New York Post reported on June 13 that a number of GOP state lawmakers had indicated support for a marriage equality measure. Recent polls have shown that marriage equality enjoys strong popular support in the state, and Gov. Andrew Cuomo has said that he wishes to see full family parity in New York come about during his tenure.

The Post said that "[s]even or more Senate Republicans" were willing to back a bill that would allow same-sex individuals to marry in New York. This development follows an earlier attempt by state lawmakers to outlaw New York's policy of recognizing marriages granted to same-sex couples in other jurisdictions, even though the state does not as yet grant such marriages.

Among the unexpected potential Senate Republican 'yes' votes, insiders say, are Kemp Hannon of Nassau County, Charles Fuscillo of Suffolk County, Betty Little of Glens Falls, Andrew Lanza of Staten Island, Greg Ball of Putnam County, James Alesi of Rochester, and Roy McDonald of Rensselaer County -- all of whom helped defeat gay marriage when the vote was held in December 2009.

In that vote, taken during a special session, no Republicans in the state senate lent their support to the bill, which the state assembly had passed multiple times. Several Democrats who had voiced support for the measure balked, also casting their votes against marriage equality.

The article referred to "secret Republican polls" that showed strong support for marriage equality even in heavily Republican districts. The article also said that there were concerns among the state's GOP lawmakers that they might lose seats in the state senate as a result of opposing a marriage parity bill.

On the other hand, some lawmakers fear that passing marriage equality could cost the GOP its current majority status. A number of GOP lawmakers are reportedly changing their minds on the issue almost daily, the article said.

Part of the problem is a failure of leadership among Republican lawmakers, who are terrified of casting the deciding vote that legalizes marriage parity, thus bringing the wrath of social conservatives onto themselves.

"Several senators who say they'll vote for marriage equality want a larger group to join with them, to give them cover, so they won't be blamed alone for passing it and wind up being defeated next year," one source said.

Among Democrats, support is nearly unanimous: only one state senator remains opposed, the article said. Though the Post did not name the senator who still refuses to support equality for same-sex families, the most likely member of that body to remain opposed is Rub�n D�az, Sr., a Pentecostal minister as well as state lawmaker who took part in a National Organization for Marriage-sponsored rally against family parity recently. Diaz's openly lesbian granddaughter counter-protested in support of family equality on the same day as the NOM anti-marriage rally.

With so many Democrats in favor, the support of only four Republicans would be enough to pass the measure, the article said.

The Huffington Post reported on June 13 that at least three Republicans had decided to support the measure. The article also noted that Cuomo was looking for a vote on the issue by the end of the week.

The Huffington Post also reported that three Democratic lawmakers who earlier had been undecided on the issue had all embraced marriage parity: Joseph P. Addabbo, Jr., Shirley L. Huntley, and Carl Kruger. All three had voted against marriage equality in 2009.

Despite popular support for marriage parity, the Conservative Party has vowed to drop its backing for any GOP lawmakers who support the bill. NOM has issued a similar threat, saying that Republicans who vote for such a bill would see their opponents receive NOM money in the next election.

But a backlash may be in the offing from the pro-marriage as well, reported The Advocate on June 13.

"Since 2009, gay donors have helped unseat three senators who voted against the marriage equality bill," The Advocate's article said. "In the past two months, almost $2 million, more than half of it from Republican donors, has been raised for New Yorkers United for Marriage, the bipartisan coalition of five LGBT groups working to pass the bill this session.

"In addition, a series of polls consistently shows support for marriage equality in New York at historic levels of 58%, with an all-time low of 36% opposed," added the article.

Five states and the District of Columbia currently allow gay and lesbian families to wed. The number would be seven states, but California rescinded the right of same-sex families to wed in 2008, following a bitterly divisive campaign to sell voters on Proposition 8, the ballot initiative that re-wrote the California state constitution to deprive same-sex families of the right to marry. NOM was heavily involved in that campaign, which passed by a narrow margin at the ballot box, only to be struck down in federal court.

That verdict is now under appeal.

Maine lawmakers also approved a marriage equality bill, but a push to overturn the law before it could take effect succeeded in 2009. NOM was also heavily involved in that anti-gay campaign.

Anti-gay groups are keenly interested in stopping marriage equality from becoming legal in New York State because New York, like California, is a cultural center with a significant population. The Advocate noted that if marriage parity were to become law in New York, "the number of Americans with access to the freedom to marry" would double.

The New York Times reported on June 13 that Cuomo was hosting a strategy session that same day in which politicians, labor organizations, and GLBT advocacy groups were all invited to participate.

"Gay marriage advocates will release a video Monday featuring former Rep. Harold E. Ford Jr. of Tennessee endorsing same-sex weddings," The Times article said. "Mr. Ford, now a New Yorker, long opposed such unions, even backing a constitutional amendment to ban them as a member of the House.

"The ad's message, said Brian Ellner of the Human Right's Campaign, a gay rights group that made the video, is that lawmakers should not hesitate to change their mind on an issue of civil rights."

But for many lawmakers, it's not so easy, as a June 12 New York Times profile on a handful of undecided state legislators made clear. Lawmakers not only need to keep an eye on the next election and the will of their constituents, but must also wrestle with the personal costs of each vote. In the case of contentious social questions, emotions can run high, and the reaction from colleagues, friends, and family members can make the calculus behind their decisions that much more delicate.

The June 12 article noted that one state senator, Greg Ball, feared his own father might cut him out of his life if Ball stands for gay and lesbian families. But fellow State Sen. Andrew Lanza's late mother encouraged him to take a leadership position on the issue: "Don't be afraid," she told him. "Do it."

The article dubbed the lawmakers "The Undecided Eight," and said that they were "closely watched, endlessly lobbied and emotionally frazzled," a group that was "animated by a powerful mix of personal and political motivations, which means anything could happen."

The article relayed how the legislators receive an overwhelming number of messages from their constituents -- everything from broad, heavy-handed threats to one-on-one chats with voters, clerics, and close relations. The process is emotional, the article suggested, and draining.

"Being undecided does not make anybody happy," was how Lanza summed up the strain that accompanies his position.

State Sen. James Alesi is sometimes approached by anti-gay individuals who ask that he join them in prayer. When he agrees -- making sure that they understand he does not necessarily share their views on gay individuals and their families -- they are "shocked," Alesi told the Times. "Those are the most powerful moments."

Just as personal in their attentions are the same-sex couples who have extended invitations to Alesi to attend their wedding ceremony, provided they may one day be granted the right to have legal marriages. But that, like the invitation to prayer, is not going to decide Alesi's vote, the lawmaker said.

"I do believe in the sanctity of marriage," Alsesi told the Times. "I grew up a Roman Catholic. It's a sacrament. But," the lawmaker continued after a beat, "it's a sacrament that exists in the 21st century."

Another New York Times article -- an update of the June 13 City Room article -- specified that the meeting was set for 3:00 p.m. on June 13, and said, "The secret session is expected to tackle the two biggest questions hanging over the issue for gay marriage advocates: whether Republican leaders, who control the Senate, will allow a vote to be taken, and, if they do, whether there is sufficient bipartisan support to pass a bill."