Within 2 Votes: NY Marriage Equality Inches Closer

Kilian Melloy READ TIME: 6 MIN.

The cause for family parity has gained momentum with the announcement of Republican NY State Sen. James Alesi that he will support a bill to extend marriage equality to gay and lesbian families residing in that state. Alesi also brings the marriage push its first public GOP supporter in the state senate. The measure is now within two votes of clearing the chamber -- if, that is, Senate Majority Leader Dean Skelos permits the issue to come to a vote.

The state assembly has passed similar legislation numerous times, but the issue was long prevented from a vote in the state senate by then-Majority Leader Joseph Bruno. When a Democrat replaced Bruno, and the state senate called into special session near the end of 2009 by then-Gov. David Paterson, the issue failed to clear the chamber. No Republicans supported the measure, and several Democratic lawmakers who had voiced support defected, casting no votes and helping scuttle the bill.

Three Democratic state senators later lost their seats, partly due to their reversal of support for marriage equality.

The current push to legalize marriage parity is backed by Gov. Andrew Cuomo, a staunch equality supporter who has said that he intends for family equality to be a signature accomplishment of his tenure. Cuomo met with equality advocates and lawmakers on June 13 to persuade undecided legislators to support the cause.

But powerful anti-gay interests such as the National Organization for Marriage (NOM) have targeted Republican lawmakers who might side with same-sex families. NOM played a key role in the bitterly divisive campaign that resulted in California voters narrowly passing Proposition 8 in 2008. NOM has said that, come the next election, it will finance the opposition of any New York Republican lawmaker who votes for a marriage equality bill.

Based on those threats, "I don't think you're going to see New York redefine marriage," NOM president Brian Brown predicted.

The state's Conservative Party has issued a similar threat, promising to withhold support for GOP lawmakers who cast a vote to support legal parity for gay and lesbian families.

Moreover, anti-gay group New Yorkers for Constitutional Freedoms warned Skelos in a June 14 letter not to "cross the line" with respect to marriage's status quo, or there would be consequences, reported the New York Daily News in a June 14 "Daily Politics" blog.

"In 2012, should same-sex 'marriage' pass, the pound of flesh will come from the Republican Majority," read the letter. Anti-gay groups frequently put words such as marriage into quotation marks when the context is gay and lesbian families, as a way of indicating they do not view same-sex relationships as valid.

Such groups also tend to put words such as gay into quotations, as an indication that they believe GLBTs choose their sexual orientation. Gays dispute this, saying that their sexual and romantic interest in others of the same gender is an innate and natural part of their personal identities.

Despite such threats and warnings from the anti-gay right, State Sen. James Alesi removed himself from the so called "Undecided 8" on June 13 after declaring himself in favor of granting same-sex couples the same state-level legal recognition that heterosexuals are free to enjoy. In the process, Alesi became the first Republican state senator to declare publicly that he would support the measure, which Cuomo hopes to see come up for a vote by the end of the week.

Federal recognition is not available to gay and lesbian couples who marry in the five states (and the District of Columbia) where their families are legally recognized with marriage equality. An anti-gay law from 1996, the so-called "Defense of Marriage" Act, expressly denies same-sex couples any federal rights or protections.

Republican state senators in New York had feared being labeled as the swing vote that enabled gays and lesbians to marry, thus inviting the wrath of anti-gay conservatives onto their shoulders.

But the margin has now narrowed in the chamber to a mere two votes, and onlookers are optimistic that, should Skelos permit the issue to come to the floor for a vote, marriage equality might become a reality in New York.

Public opposition has also evaporated. Alesi said that he made his determination to support marriage equality based on what voters in his district wanted. That, it appears, would be marriage equality: Poll after poll has confirmed that support among constituents is at an all-time high, with 58% in favor of allowing gay and lesbian families the same rights and recognition as heterosexuals. Much of the mainstream media, too, has come to view the issue as one of fairness and equality in the sight of the law.

"Let's get it done, and let's get it done right," a June 14 op-ed piece in the New York Daily News declared. "A decision this big and historic demands the best behavior from all concerned.

"The politicians need to conduct a clean, honest, on-the-merits debate followed by an up-or-down vote. No back-room horse-trading. No partisan sniping," the op-ed continued. "And supporters on both sides need to balance their heartfelt passion with sensitivity and respect for the equally heartfelt passion on the other side."

The op-ed called for a vote to, if nothing else, show who is willing to stand with same-sex families. The article also recalled that the 2009 vote resulted in a stronger position for marriage equality advocates when three Democratic lawmakers who had previously supported marriage equality then voted against it.

"Gay and lesbian political activists and donors knew exactly whom to target and whom to support in the 2010 campaign -- and came out of Election Day with two more supporters in the state Senate," the op-ed recalled. "They showed they were a political force to be reckoned with -- one that legislators cross at their own risk."

The opinion piece issued a clarion call for constituents to speak loudly and leave no room for doubt.

"Now is the time for voters who believe in full equality for their gay and lesbian friends and family members to make their voices heard," the article exhorted readers. "Flood your senators with phone calls. Inundate them with emails. Bury them with letters. But keep it positive. Keep it loving."

An even higher-profile about-face took place when comedian Tracy Morgan announced that he was a supporter of marriage rights for gay and lesbian families.

The "Saturday Night Live" alum and "30 Rock" co-star hit the headlines last week when word of homophobic material in his live comedy act leaked to the press via a Facebook posting by an offended gay fan. Morgan apologized for the remarks he had made, which included a declaration that if he had a gay son he would stab him to death.

But in an interview with Russell Simmons, the founder of GlobalGrind.com, Morgan declared himself a marriage equality supporter, a June 14 New York Daily News gossip piece said.

"I believe everyone deserves the right to be happy and marry who they want to; gay, white, black, male or female," Morgan said, going on to add, "Of all the sicknesses, there is probably none more abusive than homophobia. My heart is committed to giving everyone the same rights that I deserve for myself. I don't care if you love the same sex as long as you have the ability to love someone."

As for his comments about stabbing his son and his dismissal of efforts aimed at encouraging bullied gay youths not to consider suicide, Morgan expressed further regrets.

"If I had a gay son, I would love him just as much as if he was straight," Morgan said. "I might have to try to love even more because I know of the difficulty that he would have in society."

Moreover, "What I am most sad about is the comments I made about kids and bullying," Morgan added. "I would never want any young person to think that I wasn't on their side and if any young person thinks they can bully a young kid, come see me at 30 Rock."

Morgan also took full personal responsibility for his comments.

"When all of this set in, I realized how hurtful my words were," Morgan told GlobalGrind.com. "In my heart, I know that the words I used are indefensible. I appreciate the love from my friends and fans, but I was wrong. Period.

"Now, I just gotta think of some funny shit, not some shit that gets me knocked upside my head."


by Kilian Melloy , EDGE Staff Reporter

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.

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