NY Senate still split on gay marriage

The possibility of legalizing same-sex marriage in New York is a legitimate prospect now that Democrats occupy the majority of the state Senate. But the path to reform has been a bumpy one.

A pivotal moment occurred when the New York State Assembly passed marriage equality legislation in May. However, this is the second time since 2007 that the assembly has approved such a proposal - the then-Republican-dominated Senate readily defeated the bill that year. State leaders like Gov. David Paterson are now calling upon policymakers for reform.

"There is clearly a problem in that those individuals who are gay or lesbian, who would live in a civil union, are still not entitled to somewhere between 1,250 and 1,300 civil protections available to married couples," Paterson said in a May interview with CNN. "We would like to try to address that at some point in the near future."

Former governor Eliot Spitzer also encouraged reform by presenting a bill in 2007 that would have granted same-sex couples the same rights as heterosexual couples. The proposal passed through the assembly 85-61 then, but expired in the Senate, where at least 32 votes are needed. The current assembly tried to push Spitzer's bill through again in April, but stalled due to the Senate gridlock this summer.

Although the governor supports the legislation, some Senate democrats remain torn on the issue. Sen. Ruben Diaz Sr., a democrat Pentecostal minister, sided with Republicans when the governor called upon democrats for support in June, according to an April article in The New York Times. A lack of republican support will require all 32 democrats to jump on board.

In 1996, the Clinton administration signed the "Defense of Marriage Act," which reserves the power to delegate marriage laws to the states and does not require any state to recognize the legal marital arrangements made in another state. Essentially, reform can only happen on a state-by-state basis. As for the United States, in the same act, marriage is defined as "only a legal union between one man and one woman as husband and wife."

If state legislation passes, then New York will be the sixth state to legalize same-sex marriage. Massachusetts, Connecticut, Vermont, Iowa and Maine have already passed marriage equality acts. Alternately, 11 states passed constitutional amendments which define marriage as existing exclusively between a man and woman just after same-sex marriage was legalized in Massachusetts. Since then, 29 states have implemented constitutional amendments against granting marital rights to homosexual couples.

Since the decision is appointed to each individual state, the only way to achieve marriage equality is through a national appeal of legislation or amendments to several state constitutions.

Opponents of reform, such as activist group National Organization for Marriage, believe passage of same-sex marriage bills will negatively affect societal norms.

"Marriage really matters because children need a mom and dad," said NOM president Maggie Gallagher on the Web site. "New Yorkers do not want government redefining marriage for our children or grandchildren. We do not want public schools teaching first-graders that gay marriage is okay. That's a decision that should be left to parents and our values."

John Crandall, president of Syracuse University's Pride Union, believes opponents should think critically about the issue.

"They argue that the traditional family will be broken, but the divorce rate in America is rising and the 1950s traditional picket-fence family is not the prominent family structure anymore anyway," Crandall said.

Crandall also said that this issue is not about majority opinion but rather guaranteeing every citizen equal rights.

After the proposal passed in the state assembly in May, Gov. Paterson pressured the senate to pass the legislation by June. When 31-31 tie resulted, the governor postponed a call for a special session until early this month.

Paterson's spokesman said that the state's declining tax revenues are issues that demand more attention from the governor. Paterson urged the senate to resurrect the issue this month.

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vtcrowde@syr.edu