Gay Rights

New York Democrats Backtrack on Gay Marriage?

Published November 29, 2008 @ 09:20AM PT

marriageGay rights groups, including the Human Rights Campaign and the Gill Foundation, poured tons of money into New York State politics this year, under the impression that New York State Democrats would move forward legislation legalizing same-sex marriage IF the Democrats regained control of the State Senate.  Fast-forward nearly a month after the 2008 Elections, and Democrats - who regained control of the Senate - are now backtracking.

Malcolm A. Smith, who is likely to become leader of the NY Senate, told an Empire State Pride Agenda fundraiser last year that "We're going to make sure [gay marriage] happens in '08, when we take over the majority."

But while the Democrats regained a majority in the 2008 Election, they only hold 32 of the Senate's 62 seats.  And at least three Democrats, most prominently State Sen. Ruben Diaz Sr. of the Bronx (himself a pentecostal minister), have said that they will not support any Senate majority leader (like Smith) who plans to introduce gay marriage to the floor.

So where do things stand?  Well, it looks like the Democratic leadership is going to capitulate to anti-gay marriage proponents like Sen. Diaz and groups like the National Organization for Marriage.  This article in today's NY Times features quotes from several prominent Democrats who before Election 2008 were happy to take in money from LGBT rights proponents, but now are putting on the brakes when it comes to gay marriage.

Here's State Senator Liz Krueger, who represents a district on the Upper East Side: "We want to get there, but we want to get there the right way or else we risk setting ourselves back another decade.  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."

Here's State Sen. Thomas Duane: "I can’t even imagine before the budget’s done that we would do anything."

Here's Risa Heller, Gov. David Paterson's Communications Director: "For now and the immediate future we are focused on the state’s fiscal situation."

And here's Sen. Malcolm Smith himself: "Rebuilding New York’s economy comes first. Beyond that, I will govern by the consensus of my conference and allow legislation from either party to be openly debated on the Senate floor."

So there you have it.  New York Democrats are showing their inability to learn any of the lessons from the last eight years of Rove politics.  They are letting one Senator (Diaz) set the debate on this issue, they are themselves capitulating that gay marriage is a "wedge" issue by approaching it with fear, and they are biting the hands that feed them by turning their back on LGBT groups that gave a ton of money to NY Democrats this year.

And it doesn't have to be this way.  A same-sex marriage bill passed the New York State Assembly last year, and you know what?  Every assembly person who supported it was re-elected.  Not one of them lost their Assembly seat.  Thus, you can take on this issue, and you can do it in a way that doesn't result in losses at the polls.

Lastly, and perhaps most importantly, state Senators don't have to act like gay marriage is less important than fixing the economy.  What bothers me most about the statement from Gov. Paterson's Communications Director up above is that she's basically saying that civil rights pale in comparison to the economy.  I'd like to see her justify that.

State Assemblyman Daniel O'Donnell, an Assemblyman from the Upper West Side that led the debate on same-sex marriage in the Assembly, perhaps put it best: "Since when are fixing the economy and civil rights mutually exclusive?"

Exactly, Assmeblyman O'Donnell.  It's a shame that Democrats in the Senate can't seem to get past this fact.

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Comments (12)

  1. Dave Bennion

    That is discouraging.  I wonder sometimes why Democrats are so afraid of supporting civil rights.  A similar dynamic can be seen with immigrant rights, where time and time again the nativist candidates are defeated at the polls but still Democrats can't find the gumption to do what is right.

    As a longtime former NY resident, I'd like to see the state taking the lead on LGBT rights now that the GOP has lost the State Senate.  It's sure not going to happen here in PA ...

    Posted by Dave Bennion on 11/29/2008 @ 01:28PM PT

  2. Reply to thread
  3. That is good:Sorry but Marriage is between a man and a Woman.
    In Fact it was the Clinton Administration that passed DOMA.
    The Defense of Marriage Act, or DOMA, is the short title of a federal law of the United States passed on September 21, 1996 as Public Law No. 104-199, 110 Stat. 2419. Its provisions are codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C. The law has two effects:No state (or other political subdivision within the United States) need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states. The bill was passed by Congress by a vote of 85-14 in the Senate[1] and a vote of 342-67 in the House of Representatives[2], and was signed into law by President Bill Clinton on September 21, 1996.

    Posted by Frederick Dole on 11/29/2008 @ 06:22PM PT

  4. Steadycat's SoapBox

    People in power seldom do the right thing unless forced to do the right thing.  May the protests continue until a change happens!

    Posted by Steadycat's SoapBox on 11/29/2008 @ 07:19PM PT

  5. Luella -

    I am confused as to what this article is about. What is it that they're actually doing that's backtracking?

    But I do agree that these issues should not exclude each other. If the government screws the economy up, it can stop doing its job on everything else until it fixes its mistakes?

    Obviously, those opposing "any Senate majority leader" who supports gay marriage are not putting the economy above civil wrongs. It's amazing that they actually care SO much about denying people the right to marry that they would oppose "any Senate majority leader" who supports this one issue. Apparently they're more afraid of homosexuality than they are of the economy.

    Posted by Luella - on 11/30/2008 @ 10:13PM PT

  6. Michael Jones

    Hi Luella,

    Thanks for the note!  The backtracking that I reference in this post is that many Democratic senators in the NY State Senate said that if they won control of the Senate in the 2008 Elections, they'd make passing gay marriage a priority.  Now they are trying to go back on that promise by couching it in arguments like "The economy has to come first," or "Now isn't the best time," etc., etc.

    Thanks for the comment!

    Posted by Michael Jones on 11/30/2008 @ 10:26PM PT

  7. Jennifer Moore

    I don't think they're allow Diaz's position decide the fate of this. To be perfectly honest, I find it ridiculous that this is even an issue three weeks after the election. When do they go back into session? February? I think it's best to let them get back to work, get the more important issues (sorry, NY's economy trumps gay marriage) taken care of, and then address the social issues. I understand that this important to many, many people, and that they're anxious to have it resolved, but, you have to wait a little while longer. I support gay marriage fully, and I think New York does owe the LGBT community that right, but all things in due time. African-Americans had to fight for a very long time before they were recognized as more than three-fifths of a person (and suffered many losses in the process), so I don't see why or how this is different.

    Posted by Jennifer Moore on 12/01/2008 @ 03:03AM PT

  8. Richard Ross

    My friends and I are very liberal but do not support gay marriage for several reasons.

    First of all as in politics if your cause will lose you support, consistently and for years, if not decades, then find another way.  Look at how many Democrats lost over the progressive idea of busing students.  It didn't really work, ticked off millions, cost a fortune, and helped the right wing for years.

    Why not a civil union from the state, with a blank place for them to write in what they want?  They get their rights but the state does not recognize it as "marriage."  Way too many people will vote for nutty Republicans, and get us into more wars, more corporate greed, if this issue is pushed beyond what the general public will stand.

    This is not a civil rights issue as was voting for blacks in the 60's.  It will only cause moderates to lose!  About as counter-productive as gay high schools, which only serve to alienate voter's and tax support.

    Posted by Richard Ross on 12/01/2008 @ 06:20AM PT

  9. Jennifer Moore

    Richard, I'm referring to the struggle that black Americans endured in the post-Reconstruction Era, which includes but is not limited to the CRA and VRA. Think in terms of Plessy v. Ferguson, lynchings, Brown v. Board of education, Jim Crow laws, KKK intimidation, etc. We were treated as less than human. There's a whole history you seem to be unaware of. This is a civil rights issue...tax-paying, law-abiding citizens are being denied the basic right to marry whomever those choose based on what other people think is right. I compared this to the AA community's struggle against discrimination because it's exactly the same thing, only not as violent and all-encompassing as it was in those days.

    I don't get the civil union argument, and quite honestly, it's insulting that people seem to view that as a happy medium. Why are American's so threatened by same-sex couples? I'm not gay, but I don't have a problem with it. They should be afforded the same rights and privileges as anyone else.

    Posted by Jennifer Moore on 12/01/2008 @ 01:15PM PT

  10. Lisa Smolen

    Personally, I support the civil union argument because *I* don't care what legality is attached to my marriage.  A civil union between my husband & myself wouldn't change the fact that we love each other or how we view our level of commitment - it would ensure us rights & privileges under the law.  I personally think this fine.  If we want a religious union, we know where our church is & how to ask our pastor for the ceremony.

    As for the NY Dems... all politicians are concerned about is keeping "support" and not upsetting the constituents so they get re-elected in 2, 4 or 6 years.  They can't see the issues directly in front of them without worrying about the election down the road.  It's sad.

    Posted by Lisa Smolen on 12/01/2008 @ 01:25PM PT

  11. A B

    To Canadians, Belgians, Spaniards, Dutch, Norwegians, Swedes - all ruled by Kings and Queens....and South Africa....yes S.O.U.T.H.   A.F.R.I.C.A. - have federal laws for universal civil marriage for all adult citizens...and in Canada's case, all persons regardless of nationality.

    I am an American, and gay-affirming clergyman. I have a 32 year relationship with a Canadian national. We have a 5 year old marriage and a 6 year old son. We live in Saint Margaret's Bay in NS during the year, and my native Plymouth, MA during the year.

    The problem is simple. There is confusion between religious ceremonial and civil marriage because we have the right as clergy to sign legal documents as well as church sacramental documents. It is because we can act as civil magistrates while performing a religious ceremony that confused the situation.

    This weekend, in Niagara Falls, ONTARIO - there will be a marriage performed between two friends from NYC. They will walk across the border - get married legally - and return across the border as legal strangers.

    Posted by A B on 12/02/2008 @ 06:48AM PT

  12. A B

    Politicians measure political risk and political capital by gauging the perception of the issue, not its reality or its moral imperative.
    " You can be right, Dr. Sawyer", one parishioner who was a state legislator, " dead right".

    NY state activists have reiterated the REALITY that no MA state legislator who supported marriage lost their seats. Moreover, the anti-marriage legislators lost and were replaced by supportive ones.

    May I respectfully suggest that the pentacostal hispanic minister's views on LGBT rights did not form AFTER the election of a Democratic tight Senate majority!

    May I also respectfully suggest that there were moderate Republican votes from "safe" seats willing to vote affirmatively for universal civil marriage.

    The PERCEPTION SINCE ELECTION DAY is that Proposition 8 in CA passed....and passed because the Democratic Party nationally- led by pragmatic centrists - do not support civil marriage for us.
    PE Obama stood before CA's Saddleback Church (minister on cover of TIME) and stated that marriage was heterosexual only.

    Yes, of course, the caveats are understood.....FOR the end of DOMA and DADT ( then, I wonder NOW).....FOR some federal rights "similar to marriage".....and AGAINST a federal marriage amendment....and NO on 8 and FOR the states deciding what to call the document on a state basis .....civil union, RDP or marriage....but remember the federal NEVER RULE.

    And again, NY supposedly states that if you bring in a MA or CT or Canadian, Dutch, Belgian, Spanish, South African, Norwegian or Swedish marriage license - NY will honor it on a statewide level. 

    DO YOU UNDERSTAND THIS, GAY AND LESBIAN AMERICAN COUPLE.......AMERICA RESPECTS THE FACT THAT YOU ARE LEGAL STRANGERS.

    Posted by A B on 12/02/2008 @ 08:10AM PT

  13. A B

    Mr. Ross....I respectfully disagree with you on several statements that you wrote in your posting.

    The first statement states that Civil Rights for gay and lesbian American citizens is not synonymous with African American struggle of the 60"s. I could state the ironic and ask if you meant 1860's or 1960's - because that is the length of the struggle after emancipation....from 1863 to 1967. This statement also negates statements by Mrs. Martin Luther King, Jr. who disagreed with your assessment. Could I suggest that African American gays and lesbians are especially offended by that remark?

    The reason why I, an ordained clergyman in a mainline Christian denomination, am gay affirming is that I know the difference between what the bible "says" and what the bible "reads" - between literalism and contextualism. I affirm that I know that abomination is a cultural offense, and not a theological one. I am not a heterosexual pagan temple prostitute alluded to in Romans.

    The Democratic Party under President Lyndon Baines Johnson took a hit for supporting human rights. It lost the "Southern Democrat" or "Dixiecrat" who was a stain on the nation for their bigotry and racism. The Republican party in the South was merely on paper and for blacks. It was the Party of Lincoln.
    Today, if you understand this, blacks became Democrats ....and the Party of Jefferson Davis became the Party of "Lincoln".

    This is a civil rights issue, Mr. Ross. Mr. Obama would be considered legally illegitimate had his parents lived in 16 states who were left in 1961 out of 50 who still denied interracial heterosexual marriage for reasons they now use against us. THE VERY SAME ONES.....CHANGE NEGRO FOR HOMOSEXUAL ....IT'S THAT SIMPLE.

    The Democratic Party's stand on civil rights cost the Party greatly. It enabled Nixon, Reagan and the two Bush's to use the so-called " Southern Strategy". Obama is change....and maybe he can grow in courage as well.

    Posted by A B on 12/02/2008 @ 08:29AM PT

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Michael Jones

Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.

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