Gay City News > What the State Senate Democratic Win Means

Gay City News > What the State Senate Democratic Win Means

BY PAUL SCHINDLER
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With Democratic control of the New York State Senate once again secured, the Legislature’s upper chamber can, after a one-month deadlock, finally turn its attention to some of the year’s most highly contested questions –– issues ranging from mayoral control of schools to marriage equality.

What remains unclear, however –– even after a July 9 press conference by Democratic leaders and an extraordinary midnight release from top Democratic and Republican senators –– is how the promised commitment to reform will take shape in specific rules changes and what impact that will have on prospects for a marriage equality vote in the near term.

Senator Thomas K. Duane, the out gay Chelsea Democrat who is the lead same-sex marriage sponsor –– as well as the helmsman on other key LGBT initiatives such as a transgender civil rights bill and a school anti-bullying measure –– put out a statement immediately after the restoration of Democratic control was announced, saying, “As disappointing as it is to admit, it is clear that this week is not the right moment for same-sex marriage legislation. Senators need some time and distance to regroup after this month’s partisan-charged and explosive atmosphere.”

That statement hastened to add, however, that the Senate would “be called back to Albany” in “the weeks and months ahead,” at which time he would “fight for and demand, with bipartisan support, that bills important to the LGBT community come to the floor for a vote –– and pass.”

In a telephone interview with Gay City News the same evening, Duane said he expected action not only on marriage equality, already approved by the Assembly and supported by Governor David Paterson, but also on the Gender Expression Non-Discrimination Act and the Dignity for All Students Act. The marriage bill, he said confidently, “will get to the floor this year and it will pass.”

In the immediate term, Duane explained, only time-sensitive issues that must be acted on quickly –– such as the one-half cent increase in New York City’s sales tax approved in a late-night July 9 session –– would be taken up by the Senate.

On the morning of July 10, the Empire State Pride Agenda, the state’s LGBT rights lobby, issued a written statement backing Duane’s insistence that critical matters of concern to the community get action in the next few weeks.

“We expect that our equality will remain at the top of the chamber’s agenda,” ESPA’s executive director, Alan Van Capelle, said. “Senators from both sides of the aisle have repeatedly said this past month that reform and doing the people’s business were central to the events that transpired. Our equality is the people’s business; reform means scheduling votes on our issues so senators can vote their conscience. “

As the July 9 Senate session spilled out past midnight, a bipartisan statement –– signed by Democrats Malcolm Smith, identified as the Senate president, Pedro Espada, as majority leader, and John Sampson, as Democratic conference leader, and Republican Minority Leader Dean Skelos –– articulated goals long sought by reformers, particularly those interested in moving progressive legislation blocked in recent years by the former GOP leadership.

Those reforms, the statement read, “give each individual senator the means to effectively represent their constituents and assure each senator will be treated fairly and with respect so they can do their jobs to the best of their ability. The rules will empower the membership and enable all 62 members a greater opportunity to get their bills moved out of committees and onto the floor for a vote.”

One Senate source, however, said reform advocates remain wary and are prepared to carefully scrutinize the rules changes that could be voted on as early as next week to ensure that they truly open up the process of bringing legislation to the floor without first winning leadership’s blessing.

Duane has for several months said he had commitments from a sufficient number of senators to win approval of marriage equality legislation, so reform, done the right way, would presumably give him at least one sure avenue of getting a vote.

The other way, of course, would be for the Senate leadership, now that the deadlock is over, to move the measure itself. The leadership’s commitment to do that has been a matter of considerable speculation dating back to last fall when the first threats of defection came from some in the Democratic caucus. Among the Democrats who warned they might block Smith’s original selection as Senate leader was the Reverend Ruben Diaz, a stridently anti-gay Bronx Pentecostal minister who said he could not support any leader who would allow a marriage equality vote.

Smith put down that initial challenge by New Year’s Day, but Diaz was a highly visible player during the chaotic last few days leading up his Bronx colleague Espada’s return to the Democratic fold –– and he was right out front as the new leadership team was announced at the July 9 press conference. In fact, only 12 of the 32 Democrats were present at their party’s moment of triumph –– and several prominent Manhattan progressives who are among the strongest marriage equality advocates, including Duane, Liz Krueger, Eric Schneiderman, and Daniel Squadron, were absent.

Duane cautioned against reading anything into who did and did not attend the victory lap at the Capitol. Asked whether the possibility that Diaz may have played a role in forging the new Democratic conference agreement caused him concern, Duane emphasized that he was looking to Governor Paterson’s leadership in making certain that marriage equality, transgender rights, and anti-bullying get votes this year. His most recent meeting with the governor on those matters, he said, may have been going on as Smith, Espada, Diaz, and nine other of his colleagues stood before the press.

“I have spoken to the governor several times in the past week, and he has re-emphasized his interest in moving marriage this year,” Duane told Gay City News. “We are going to strategize on how to move marriage this year, and we will get that done.”

Paterson’s ability to influence the Senate agenda, Duane said, would come in part from his continuing to call the chamber into extraordinary session, as he has been doing since shortly after the deadlock began June 8.

Senate Democrats, however, were among those who challenged the governor’s authority in calling them back in the manner he did, and Paterson’s office on July 10 said it was uncertain how he would proceed on that issue now that the Senate has reestablished an operating authority. The session on July 9 was an ordinary meeting of the Senate, and if the chamber takes up rules reform next week, that too is expected to take place in a regular session.

Harlem Democratic Senator Bill Perkins, a staunch marriage equality ally, was among those who did attend the July 9 press conference, and he is convinced that the Senate is “moving in the direction” of genuine reform on issues such as senators being able to get votes on their legislation. That’s important to him not only on marriage equality, but on other issues such as vacancy decontrol under the city’s rent stabilization law.

Asked specifically about the fact that Diaz is a marriage equality foe and Espada has been viewed as an ally of landlord interests, Perkins, discussing how the Democratic majority was cobbled back together, said, “There was no discussion that I’ve heard about that this is what we are doing and this is not what we’re doing,”

Perkins also emphasized, “The leadership has for some time made a commitment on gay marriage and the majority of members are supportive, notwithstanding the opposition of some.”

The Associated Press: Gay legal groups want in on Calif court case

this is not good


The Associated Press: Gay legal groups want in on Calif court case

SAN FRANCISCO (AP) — Three gay-friendly legal groups have asked to be part of a federal lawsuit challenging California's same-sex marriage ban — a request that drew an icy reception from the activists behind the case.

After publicly questioning the wisdom of the suit and then submitting papers in support of it, the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights said they want to represent gay community groups in the proceedings.

The three legal organizations are the same ones that have long led the effort to legalize same-sex marriage in the state. Jennifer Pizer, Lambda Legal's national marriage director, said their full participation is vital now that U.S. District Court Judge Vaughn Walker has put the Proposition 8 challenge on a fast-track to trial.

"We think it will be very helpful to Judge Walker and the ultimate resolution of the questions in the case for the litigation to have the benefit of the presence of the community in all its diversity," Pizer said.

But the newly formed political group funding the case, the American Foundation for Equal Rights, is opposing the request. The foundation scored a public relations coup when it persuaded the high-profile lawyers who squared off over the disputed 2000 presidential election to take on the lawsuit.

In a letter to the legal groups sent Wednesday, board president Chad Griffin, a Los Angeles-based political consultant, said the show of solidarity was coming too late since the same groups originally criticized a federal civil rights claim as premature.

"You have unrelentingly and unequivocally acted to undermine this case even before it was filed. Considering this, it is inconceivable that you would zealously and effectively litigate this case if you were successful in intervening," Griffin said. "Therefore, we will vigorously oppose any motion to intervene."

Getting more lawyers involved also would delay and unnecessarily complicate the proceedings, Griffin wrote. He said the public interest groups were welcome to continue participating as consultants.

Pizer said it was unclear when Walker would rule on the motion naming the three community groups — one representing gay families, another representing gay seniors and third representing parents with gay children — as parties to the case.

Wednesday's sikrmish is the latest fallout from Proposition 8's passage, which set off disagreements within the gay rights movement over who was to blame and what strategy would be best for reversing the measure.

State Suit Challenges U.S. Defense of Marriage Act - NYTimes.com

State Suit Challenges U.S. Defense of Marriage Act - NYTimes.com

By ABBY GOODNOUGH

BOSTON — The Massachusetts attorney general, Martha Coakley, sued the federal government Wednesday to overturn a section of the law denying federal benefits to spouses in same-sex marriages.

With the suit, Massachusetts becomes the first state to challenge the Defense of Marriage Act, which was passed by Congress in 1996 and prohibits the federal government from recognizing same-sex marriage.

Massachusetts was also the first state, in 2003, to grant gay couples the right to marry; five other states — Connecticut, Iowa, Maine, New Hampshire and Vermont — have since followed. The challenge, filed in United States District Court here, comes as President Obama and Congress face increasing pressure from gay rights groups to repeal the Defense of Marriage Act.

Ms. Coakley, a Democrat, said the act interfered with states’ rights to define and regulate marriage as they saw fit. While same-sex couples can marry in Massachusetts — Ms. Coakley said more than 16,000 have done so — they are denied federal benefits like Social Security survivors’ payments, the right to file taxes jointly and guaranteed leave from work to care for a sick spouse.

“We cannot and should not be required to violate the equal-protection rights of our citizens in Massachusetts who choose to be married,” Ms. Coakley said, adding that the act forced the state “to disregard the marriages of same-sex couples when implementing federally funded programs.”

The suit also highlights two state programs affected by the Defense of Marriage Act: Medicaid, which provides health care coverage to low-income residents, and the burial of veterans and their spouses at cemeteries owned and operated by the state. The suit names as defendants the Department of Health and Human Services, the Department of Veterans Affairs, and the United States.

The Defense of Marriage Act has drawn renewed attention in recent months as more states have legalized same-sex marriage or come close to doing so. (In one of those states, Maine, opponents of same-sex marriage said Wednesday that they had collected enough signatures to get a question on the November ballot asking voters to overturn the new law.)

Mr. Obama repeatedly called for repealing the Defense of Marriage Act during his presidential campaign, and gay advocates have criticized him for what they call a failure to make a priority of that goal in his first few months on the job. Last month, the Obama administration extended some partnership rights to federal workers in same-sex relationships — allowing them to take leave to care for sick partners, for example. But several of the nation’s most prominent gay political leaders quickly said that was not enough.

Charles Miller, a spokesman for the Justice Department, reiterated Mr. Obama’s support for repealing the act on Wednesday and said, “We will review this case.”

Ms. Coakley has expressed interest in running for the United States Senate; some political observers consider her a contender for the seat of Senator Edward M. Kennedy, who has been fighting a malignant brain tumor. On Wednesday, however, she said that she was planning to seek re-election to her current post.

The state’s suit is similar to one filed in March by Gay and Lesbian Advocates and Defenders, the legal advocacy group that successfully argued for same-sex marriage in Massachusetts. But that challenge, brought on behalf of a small group of same-sex couples and widowers, focuses more narrowly on equal protection as applied to certain benefits.

Gary Buseck, the group’s legal director, predicted that the two suits would eventually be joined and said the state’s involvement would add heft.

“To have the chief law enforcement officer of the commonwealth taking the position that we take — that the federal government discriminates against married same-sex couples — is a good thing,” Mr. Buseck said.

Katie Zezima contributed reporting from Boston.

People's Veto to Overturn Gay Marriage Nears Finish Line

People's Veto to Overturn Gay Marriage Nears Finish Line




Signature gathering effort is in the homestretch after just four weeks

PORTLAND, Me., July 8 /PRNewswire-USNewswire/ -- Looking to overturn a bill signed by Governor John Baldacci in May approving same sex marriage, Stand For Marriage Maine announced today that they have collected more than the 55,087 signatures needed to place a People's Veto on the November ballot and are collecting additional signatures as insurance to meet the deadline to qualify the measure for the 2009 statewide election.

"In just four weeks, we've gathered more than 55,000 signatures from Mainers who believe they, not the legislature and governor, should have the final say on the definition of marriage," said Marc Mutty, Chairman of the coalition. "There has been an extraordinary outpouring of support from voters across the state. This response gives us momentum that will lift us over the first hurdle of putting the issue before the people and, ultimately, carry us to victory in November."

All signatures must be certified by the Secretary of State for validity. Once certified, the issue is cleared to appear on the November 2009 ballot.

"The fact that we've gathered all these signatures in just a month to proceed with the People's Veto suggests that the people of Maine, like those in 43 other states, want to restore marriage to its historical and time-honored definition as between a man and a woman," said Bob Emrich, founder of the Maine Jeremiah Project and an Executive Committee member of Stand for Marriage Maine. "We look forward to submitting the measure for certification and engaging Mainers in a vigorous defense of marriage. Traditional marriage has never lost on the ballot in any state. We expect it to prevail in Maine."

Stand For Marriage Maine is a broad-based coalition of business, elected officials, the Catholic Diocese of Portland, the Maine Jeremiah Project, and others. Visit www.standformarriagemaine.com for more information.

13 Love Stories

this is what changes minds.

13 Love Stories

D.C. to recognize same-sex marriages starting today

D.C. to recognize same-sex marriages starting today

Washington D.C. will recognize same-sex marriages performed in other states starting today. In May of this year, council passed the measure by a vote of 12-1. Councilman Marion Barry was the only person who opposed.

As was expected, the decision caused an outrage among many anti-gay groups. One of those groups included African American ministers who caused such a raucous that they had to be cleared out of council chambers by local police.

Following the vote, Barry warned that the decision could have serious repercussions.

"All hell is going to break lose," Barry said. "We may have a civil war. The black community is just adamant against this."

Although another civil war hasn’t erupted, many in the black community are enraged.
Bishop Harry Jackson, organizer of the anti-gay group Stand 4 Marriage DC believes the decision made is a “declaration of war.”

In June, an open community forum was held that allowed for opinions, no matter how negative or nasty, to be given.

Minister Leroy Swailes, who is believed to own the anti-gay website thirdgender666.com, believes that some forms of discrimination are positive.

“Me as a black man, when they discriminated against me, I came out of my mother’s womb, like I didn’t have a choice, that was a negative discrimination. If you discriminate against a homosexual, that’s a positive.”

Congress had 30 days to review the bill- 30 days has since expired. Recognizing same-sex marriages is considered to be the first step in the process of eventually allowing same-sex marriages to be performed in D.C.

States that allow same-sex marriage include Connecticut, Iowa, Maine, Massachusetts, Maine and New Hampshire.

Federal judge moves to fast track legal fight over Proposition 8 - San Jose Mercury News

Federal judge moves to fast track legal fight over Proposition 8 - San Jose Mercury News

By Howard Mintz

Mercury News
Posted: 07/02/2009 12:04:57 PM PDT
Updated: 07/02/2009 10:07:48 PM PDT




SAN FRANCISCO — A federal judge Thursday refused to temporarily block Proposition 8, moving forward with his plan to put the latest legal challenge over California's gay marriage ban on a fast track to a trial that is likely to produce the most thorough review to date of whether same-sex couples have a constitutional right to marry.

With all sides in the legal battle poised for a fight all the way to the U.S. Supreme Court, Chief U.S. District Judge Vaughn Walker agreed with Attorney General Jerry Brown and Gov. Arnold Schwarzenegger, concluding that it would cause too much confusion across California if he chose to suspend Proposition 8 while the challenge to the voter-approved gay marriage ban unfolds in the courts. Brown has nevertheless sided with gay marriage advocates on the overall lawsuit, agreeing that Proposition 8 violates the federal equal protection rights of gay and lesbian couples by denying them the ability to marry.

Walker told a packed courtroom that his job is to establish a full record on the legal tangle over gay marriage because he will not be the final word in a case that many legal experts believe will force the U.S. Supreme Court to address the issue.

"What happens here is only a prelude to what is going to happen later," Walker said.

Backed by a high-powered legal group headed by former Republican U.S. Solicitor General Theodore Olson, two gay couples sued in May to overturn Proposition 8, shifting the
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legal fight over gay marriage in California to the federal courts. The California Supreme Court in May upheld Proposition 8, concluding that it did not have the legal authority to overturn the voter-backed amendment to the California Constitution.

The justices still refused to invalidate an estimated 18,000 same-sex marriages that took place before Proposition 8 went into effect last November, in the aftermath of a previous state Supreme Court ruling declaring prior laws outlawing gay marriage unconstitutional. The latest lawsuit argues that Proposition 8 violates federal equal rights laws for couples now unable to marry and was adopted to discriminate against gays and lesbians.

With Brown backing the plaintiffs and Schwarzenegger remaining neutral on the constitutionality of Proposition 8, gay marriage foes are alone defending the law, although they've enlisted high-powered legal help as well. Charles Cooper, a former top Justice Department official during the Reagan administration, is leading the Proposition 8 defense, warning that the lawsuit threatens "the common definition of marriage in the laws of 43 states and the federal government."

Walker gave lawyers on both sides until early August to sort through the factual issues in order to establish a framework for a trial that could take place by the end of the year. In an order earlier this week, Walker envisions an expansive, unprecedented exploration of the civil rights challenge over gay marriage, ranging from the history of discrimination against gays to arguments over the impact of same-sex marriage on traditional marriage and child-rearing.

In the meantime, Olson expressed concern about Proposition 8 continuing to remain in effect, despite the fact he will not contest Walker's denial of a preliminary injunction.

"Every day Prop. 8 is in force perpetuates a tragic injustice on tens of thousands of Californians," Olson said in court.