New York Gay Marriage Passes In The Senate

New York

First Posted: 06/24/11 10:54 PM ET Updated: 08/24/11 06:12 AM ET

ALBANY, N.Y. (AP) – New York lawmakers narrowly voted to legalize same-sex marriage Friday, handing activists a breakthrough victory in the state where the gay rights movement was born.

New York will become the sixth state where gay couples can wed and the biggest by far.

"We are leaders and we join other proud states that recognize our families and the battle will now go on in other states," said Sen. Thomas Duane, a Democrat.

Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island.

Though New York is a relative latecomer in allowing gay marriage, it is considered an important prize for advocates, given the state's size and New York City's international stature and its role as the birthplace of the gay rights movement, which is considered to have started with the Stonewall riots in Greenwich Village in 1969.

The New York bill cleared the Republican-controlled state Senate on a 33-29 vote. The Democrat-led Assembly, which passed a different version last week, is expected to pass the new version with stronger religious exemptions and Democratic Gov. Andrew Cuomo, who campaigned on the issue last year, has promised to sign it. Same-sex couples can begin marrying begin 30 days after that.
The passage of New York's legislation was made possible by two Republican senators who had been undecided.

Sen. Stephen Saland voted against a similar bill in 2009, helping kill the measure and dealing a blow to the national gay rights movement.

"While I understand that my vote will disappoint many, I also know my vote is a vote of conscience," Saland said in a statement to The Associated Press before the vote. "I am doing the right thing in voting to support marriage equality."

Gay couples in gallery wept during Saland's speech.

Sen. Mark Grisanti, a GOP freshman from Buffalo, also said he would vote for the bill. Grisanti said he could not deny anyone what he called basic rights.

The effects of the law could be felt well beyond New York: Unlike Massachusetts, which pioneered gay marriage in 2004, New York has no residency requirement for obtaining a marriage license, meaning the state could become a magnet for gay couples across the country who want to have a wedding in Central Park, the Hamptons, the romantic Hudson Valley or that honeymoon hot spot of yore, Niagara Falls.

New York, the nation's third most populous state, will join Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington, D.C., in allowing same-sex couples to wed.

For five months in 2008, gay marriage was legal in California, the biggest state in population, and 18,000 same-sex couples rushed to tie the knot there before voters overturned the state Supreme Court ruling that allowed the practice. The constitutionality of California's ban is now before a federal appeals court.

While court challenges in New York are all but certain, the state — unlike California — makes it difficult for the voters to repeal laws at the ballot box. Changing the law would require a constitutional convention, a long, drawn-out process.

The sticking point over the past few days: Republican demands for stronger legal protections for religious groups that fear they will be hit with discrimination lawsuits if they refuse to allow their facilities to be used for gay weddings.

The climactic vote came after more than a week of stop-and-start negotiations, rumors, closed-door meetings and frustration on the part of advocates. Online discussions took on a nasty turn with insults and vulgarities peppering the screens of opponents and supporters alike and security was beefed up in the capitol to give senators easier passage to and from their conference room.

The night before, President Barack Obama encouraged lawmakers to support gay rights during a fundraiser with New York City's gay community. The vote also is sure to charge up annual gay pride events this weekend, culminating with parades Sunday in New York City, San Francisco and other cities.

Despite New York City's liberal Democratic politics and large and vocal gay community, previous efforts to legalize same-sex marriage failed over the past several years, in part because the rest of the state is more conservative than the city.

The bill's success this time reflected the powerful support of Cuomo and perhaps a change in public attitudes. Opinion polls for the first time are showing majority support for same-sex marriage, and Congress recently
repealed the "don't ask, don't tell" policy that barred gays from serving openly in the military.

In the week leading up to the vote in New York, some Republicans who opposed the bill in 2009 came forward to say they were supporting it for reasons of conscience and a duty to ensure civil rights.

Pressure to vote for gay marriage also came from celebrities, athletes and New York City Mayor Michael Bloomberg, the Republican-turned-independent who has long used his own fortune to help bankroll GOP campaigns and who personally lobbied some undecided lawmakers. Lady Gaga has been urging her 11 million Twitter followers to call New York senators in support of the bill.

While the support of the Assembly was never in doubt, it took days of furious deal-making to secure two Republican votes needed for passage in the closely divided Senate.

Representatives of the Roman Catholic Church, Orthodox rabbis and other conservative religious leaders fought the measure, and their GOP allies pressed hard for stronger legal protections for religious organizations.

Each side of the debate was funded by more than $1 million from national and state advocates who waged media blitzes and promised campaign cash for lawmakers who sided with them.

But GOP senators said it was Cuomo's passionate appeals in the governor's mansion on Monday night and in closed-door, individual meetings that were perhaps most persuasive.

The bill makes New York only the third state, after Vermont and New Hampshire, to legalize marriage through a legislative act and without being forced to do so by a court.

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ALBANY, N.Y. (AP) – New York lawmakers narrowly voted to legalize same-sex marriage Friday, handing activists a breakthrough victory in the state where the gay rights movement was born. New York ...
ALBANY, N.Y. (AP) – New York lawmakers narrowly voted to legalize same-sex marriage Friday, handing activists a breakthrough victory in the state where the gay rights movement was born. New York ...
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03:29 PM on 06/25/2011
the third sentence from the bottom (national and state advocates......and promised campaign cash for lawmakers who sided with them) we used to call that BRIBERY.
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Married Gay Pagan Man
05:47 PM on 06/25/2011
Oh? And the haters don't every chance they get?
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01:00 PM on 06/25/2011
This city is headed for a disaster of biblical proportions.
Fire and brimstone coming down from the skies! Rivers and seas boiling!
Forty years of darkness! Earthquakes, volcanoes...
The dead rising from the grave!
Human sacrifice, dogs and cats living together... mass hysteria!
04:45 PM on 06/25/2011
Yes of course, God will punish everyone indiscriminately, as a fire and brimstone conclusion immolates everyone, boiling seas cook everyone, including those who were stridently against marriage equality from the getgo.
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HUFFPOST COMMUNITY MODERATOR
kraki
Member of Vast Right Wing Conspiracy
05:43 PM on 06/25/2011
"Jigsaw puzzle of Life", just doesn't fit together that way. Try'n to force the pieces together, where they don't fit, seems a bit odd.
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HUFFPOST COMMUNITY MODERATOR
kraki
Member of Vast Right Wing Conspiracy
05:41 PM on 06/25/2011
rofl, "Cats and dogs, living together" ~ Ghostbusters

kraki
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05:42 PM on 06/26/2011
Peter Venkmen for President.
09:25 AM on 06/25/2011
Just curious. Is marriage a right? If so, why is a license required? Rights do not require a license, Driving a car is not a right, nor is anything else that requires licensing--or so I thought. Marriage is,as far as the State is concerned, about property inheritance and responsibility for children, and has zero to do with love or anything else other than that. Anyhow, would appreciate input from those more knowledgeable about the meaning of "Rights" in terms of the Bill of Rights or the Constitution. Thank you.
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SteveDenver
Progressive and liberal, just like Jesus Christ.
02:10 AM on 06/25/2011
Dear New York:
Please figure out the legal methods for those institutions that do not welcome gay or lesbian weddings to make it known: perhaps a registry so we know where to stay away from.

Dear Gay & Lesbian New Yorkers:
Please steer your money and business away from those who do not welcome us. Won't they be surprised when the only thing that happens as a result of our marriages becoming legal is that their bottom line does not go up.
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Ioan Lightoller
Proud Married Gay Pagan Man
02:45 AM on 06/25/2011
Exactly. They can have their religious exemption but they should be prepared to pay the economic price. There are plenty of gay-friendly businesses and venues that deserve our patronage. The rest well...you wanted the exemptions you have them. Live with it.
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05:45 PM on 06/26/2011
You're nothing but a thug forcing your beliefs on other who don't belive the same as you. If they don't think like you, you want to punish them. That's just sick
12:52 AM on 06/25/2011
Well, It's about DAMN time
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gutenmorgen
a.k.a. poopdeck
10:58 PM on 06/24/2011
It is my view that there is a serious constitutional issue here. No, not the so-called separation of church and state but the question whether an officer of the State can refuse to sign a legally obtained marriage contract. If the "religious exemption" in this bill allows church officials acting as State officers when they are asked to sign the document as a witness to say "no", there is a constitutional issue of discrimination by a State officer which the church official is at the time of signing the document. Even if he/she is not formally an officer of the State, he/she is clearly a legal representative of the State who is authorized by State laws to sign.
01:43 AM on 06/25/2011
Simple. If they want to refuse based on religious objection then they should be denied any state or federal funding. It is about time the religious bigots were held accountable for their views.
01:56 AM on 06/25/2011
I would argue that there is a distinction between "authorized to sign" and "compelled to sign." Catholic churches will not marry divorced people. A minister can decline to perform a wedding if they disapprove of the match, regardless of gender. My wife and I were not religious, so we asked the pastor of my chilhood Boy Scout troop if he would marry us, he declined, stating numerous church rules. Since we can all marry elsewhere, our right to marry was not violated. We all just needed to find the store that had the product we were looking for.
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Ioan Lightoller
Proud Married Gay Pagan Man
06:00 PM on 06/25/2011
If they are clergy, they should be allowed the exemption. A civil servant such as a judge or justice of the peace, license bureau person should not. It is that simple.
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Wayne Peterson
10:37 PM on 06/24/2011
......the death knell for NOM and similar bigots!!!!!!
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SteveDenver
Progressive and liberal, just like Jesus Christ.
02:13 AM on 06/25/2011
New York will soon see happen what Massachusettes has seen: NOTHING. NPR interviewed people on the street in Boston and asked them about the impact of gay marriage. All but one person said there has been ZERO impact on their lives, and that was a florist who said gay couples tend to spend a lot of money on flowers instead of asking for the bargain package.
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David N Taiwan
67 YO American in Taiwan
10:30 PM on 06/24/2011
CONGRATULATIONS NEW YORK!!!!!!!!1
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10:28 PM on 06/24/2011
Congratulations NY. Now gay people can get married and enjoy having the same sex every night, just like straight married folks do.
10:20 PM on 06/24/2011
this is the proper way to handle civil matters. our Constitution works, and this proves it. this has never been about equality or inequality.
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Ioan Lightoller
Proud Married Gay Pagan Man
11:21 PM on 06/24/2011
BS. The states right argument is wrong. It has everything to do with equality and the efforts of a number of hateful groups to make sure that we stay UNequal. This should not even had to have been voted on. How would you like it if your state legislature started voting on YOUR rights?
01:02 AM on 06/25/2011
most states have a representative government. it the job of those representatives to make laws that reflect the will of the people. cant you just be happy for the state of new york?
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WheelsOnFire
Fiercely Independent
12:01 AM on 06/25/2011
No, it is not. You see, we have this document in the US you need to become familiar with -- it's called the Constitution. It requirs equal treatment of the law to all. States do not have the right to contravene the Constitution.
12:59 AM on 06/25/2011
thank you mr fire, but since there isnt any special laws giving heterosexuals extra priviliages for marriages, there is no unequal treatment. President Clinton did add DOMA which allows states to not recognize other state laws, but thats how the dems roll.
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Ashley Claire Michael
Royal Fanzine founder, Poet, and Incurable Analyst
10:18 PM on 06/24/2011
Go Republican Roy McDonald! "Fuck it!" Just do the right thing! Oh these are words to move mountains!
10:17 PM on 06/24/2011
Not yet HuffPo...but we're all excited.
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Mediorite
Flash in the Pan
10:15 PM on 06/24/2011
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HUFFPOST COMMUNITY MODERATOR
Mediorite
Flash in the Pan
10:43 PM on 06/24/2011
And now I mean it for reals!
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SteveDenver
Progressive and liberal, just like Jesus Christ.
02:15 AM on 06/25/2011
TOTAL FAN AND FAVORITE (How'd you do that? it's cool!)
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10:13 PM on 06/24/2011
Isn't this slightly premature? They haven't announced the results yet.
10:15 PM on 06/24/2011
Yea...they thought the vote on the amendment was the actual vote I guess..
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SteveDenver
Progressive and liberal, just like Jesus Christ.
02:16 AM on 06/25/2011
This is the actual vote and now it goes to Cuomo to sign into law.
10:46 PM on 06/24/2011
I think it's worth celebrating that it's on the table and being seriously considered. Far more than what's been done in most of the country. And yes, it is premature, a bit...but if it gets rejected, it doesn't downplay the fact that we're inching closer to the bill's possible future ratification.