ALBANY, N.Y. — After weeks of uncertainty and pleas for action by
Gov. David Paterson, New York's Senate failed to vote on a bill
legalizing same-sex marriage during a special session Tuesday. 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.
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