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New York Passes Same Sex Marriage Bill: Population Living Under Equality More Than Doubles

Moments ago, in a vote of 33 to 29, the New York Senate passed a marriage equality bill, thereby doubling the number of Americans living in a state where gay and lesbian people can marry. The measure will take effect 30 days after Governor Andrew Cuomo (D) — who prioritized marriage equality early in his administration and lobbied heavily on its behalf — signs it.

At stake in the final days of debate were so-called “religious protections,” provisions that permit nonprofits and individuals associated with religious institutions not to recognize same-sex marriages. The Assembly approved the amendments earlier in the evening and they also passed the Senate in a vote of 36 to 26.

Watch the final vote:

Sen. Mark Grisanti (R) provided the most moving speech of the night, arguing that he could not think of any legal reason as to why same-sex couples should be denied the same rights he enjoys with his wife. “For me the issue boils down to this: I’ve done research, and I believe that a person can be wiser today than yesterday,” he said, referring to his previous opposition to marriage, a position he attributed to his Catholic upbringing. Sen. Stephen Saland (R), long considered a swing vote, also supported the measure, along with Republicans Roy McDonald and James Alesi. Every Democrat, with the exception of Sen. Ruben Diaz, voted for the bill.

Tonight’s victory is the result of an unprecedented coalition of LGBT equality groups and allies from businesses and faith communities. Opponents like the National Organization for Marriage (NOM) and the Catholic Church passionately resisted marriage, threatening to pour millions of dollars into campaigns against any Republican who supported the bill. In the end, however, reason and equality prevailed.

New York now joins five other states (Iowa, Massachusetts, Vermont, New Hampshire, and Connecticut) and the District of Columbia in offering marriage licenses to same-sex couples.

Update

Watch Sen. Mark Grisanti (R) explain why he supports same-sex marriage:

Update

Cuomo just announced that he will sign the bill this evening.

NEWS FLASH

New York Assembly Passes Same Sex Marriage Amendments | @NYSenate just tweeted “To our followers, the Assembly just passed the #SSM amendment. Vote tally: 82-47.” The amendments, which are available here, exempt organizations affiliated with religious institutions from recognizing same-sex marriages. The Senate is expected to take up the whole bill later tonight.

UPDATED: Bill Will Be Voted On In Senate, Read The Religious Exemptions To The Same-Sex Marriage Bill

The following has been introduced in the New York Assembly:

“[N]otwithstanding any state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state, or a not-for-profit corporation operated, supervised, or controlled by a religious corporation, or any employee thereof, being managed, directed, or supervised by or in conjunction with a religious corporation, benevolent order, or a not-for-profit corporation as described in this subdivision, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any such refusal to provide services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action or result in any state or local government action to penalize, withhold benefits, or discriminate against such religious corporation, benevolent order, a not-for-profit explanation.”

While the process is still unclear, it is believed that the Assembly — which approved the bill last week — will vote on the exemption amendments before the full bill moves to the Senate.

Update

The bill also notes that if the religious exemptions are struck down, then the entire measure is void.

Update

New Yorkers United For Marriage has released this statement: “The amended Marriage Equality legislation protects religious liberties without creating any special exceptions that would penalize same-sex couples or treat them unequally. The legislation strikes an appropriate balance that allows all loving, committed couples to marry while preserving religious freedom.”

Update

@Blabbeando tweets: On NY1, Assemblymember Danny O’Donnell says he’s known for weeks there has been more than 32 votes in the Senate.

Update

Via Towleroad: New York Senator James Alesi has told Albany NYT Bureau Chief Danny Hakim that marriage equality will be coming to a vote tonight in the Senate.

Update

New York Senate Majority Leader Dean Skelos (R) has released the following statement:

After many hours of deliberation and discussion over the past several weeks among the members, it has been decided that same sex marriage legislation will be brought to the full Senate for an up or down vote.

The entire Senate Republican Conference was insistent that amendments be made to the Governor’s original bill in order to protect the rights of religious institutions and not-for-profits with religious affiliations. I appreciate the Governor’s cooperation in working with us to address these important issues and concerns.

As I have said many times, this is a very difficult issue and it will be a vote of conscience for every member of the Senate.

Update

Mike Long, the chairman of NY’s Conservative Party, predicts that marriage equality will pass tonight:

I’m sorry to say that the bill’s going to pass,” Long told me in a phone interview minutes ago. He said that the recently released religious liberty amendment would serve as an “excuse for some Republican senators to hang their hat on.”

“I know they’ve got the 32nd vote, and I think they’ve muscled two more people” to give the vote some cushion.

“Hopefuly all of that blows up,” Long said. “I don’t see that happening.”

Update

Sen. Andrew Lanza (R), who was considered a swing vote, announced that he would not be voting for the bill: “After exhaustive consideration of the issue of same-sex marriage … I have decided to vote no,” he said in a statement.

NEWS FLASH

NY Senate Update: Agreement Reached On Religious Exemptions For Marriage, No Guarantee It Will Come To A Vote | Via NYT: “The Cuomo administration and legislative leaders have reached agreement on language that would protect religious institutions from obligations to recognize same-sex marriage, two people involved in the negotiations said on Friday afternoon, potentially paving the way for a vote on the marriage legislation.” Still, “it remained unclear whether — and even if — they would permit a vote on the broader legislation.”

Dolan Goes All In: Top Six ‘Reasons’ For Opposing Same-Sex Marriage

New York Archbishop Timothy Dolan has relentlessly pushed back against marriage equality with a plethora of offensive, distorted statements against the LGBT community. As the Senate nears a vote on the matter, Dolan pulls out all his favorite talking points for an interview with the National Catholic Register:

1. MARRIAGE EQUALITY IS NOT ABOUT GAY RIGHTS: “I’m particularly upset that they seem to have been successful in reducing this to a matter of gay rights, where it has nothing to do with it.”

If it’s not about gay rights, what is it about? There are already same-sex marriages in New York; they’re just imported. If this question is about anything other than gay rights, it’s about revenue for the state. But it is very much about whether same-sex couples get the same protections and recognition as opposite-sex couples.

2. SAME-SEX MARRIAGE IS LIKE POLYGAMY: “If a [heterosexual] wanted the state legislature to accommodate his desire to have his relationship with two women and have it declared a marriage, we’d be against it. We’re not talking about anti-anybody; we’re talking about pro-marriage.”

Nobody is asking for polygamy; it’s not part of the discussion. The slippery slope argument is a logical fallacy.

3. GAY IS A LIFESTYLE: “You don’t redefine marriage — a given — just to accommodate people’s lifestyle.”

It’s not a lifestyle. Sexuality is an enduring emotional, romantic, sexual, and/or affectional attraction toward others, and biology plays a significant role in determining it.

4. CATHOLICS ARE THE REAL VICTIMS: “They talk about bullying? I haven’t seen anybody on our side resort to name-calling or threats, but Lord knows they’ve been bullying us.”

This from the man who has compared same-sex relationships to incest, suggested that marriage equality is an imposition of communism, and called LGBT families “perilous” and “detrimental to the common good.”

5. SAME-SEX MARRIAGE IS LIKE INCEST: “You think somebody that wants to marry his sister is going to now say, ‘I have a right.’ I mean it’s the same principle, isn’t it?”

Nobody is asking for incest; it’s not part of the discussion. The slippery slope argument is a logical fallacy.

6. SAME-SEX MARRIAGE COULD CHANGE BASEBALL’S RULES: “I worry too about government intrusion. On my blog I said this seems to have a lot of traction in places like North Korea and Cuba and China. [...] If you can say the life of the baby in the womb isn’t a human life, where are you going to stop? No wonder you go to marriage. Next thing you know they’re going to say there’s four outs to every inning of baseball. This is crazy.”

The goal of a republican government, like the United States, is to guarantee as much freedom for its people as possible. To recognize marriage equality is to stand apart from such dictatorships. The rules of baseball, by the way, are actually governed by the Major League Baseball Playing Rules Committee, and no LGBT rights organization has taken a position on them.

What Dolan thinks he gains by retreading his vitriolic rhetoric is unclear. What is clear is that he doesn’t speak on behalf of Catholics (74 percent of whom support recognizing same-sex couples) or New Yorkers (58 percent of whom support full marriage equality).

Yglesias

Assessing Barack Obama’s Operational Stance On Marriage Equality

As the cause of marriage equality has become steadily more popular, President Obama’s unwillingness to embrace it stands out like a bit of a sore thumb. That’s especially true because many people agree with David Remnick (via Ta-Nehisi Coates) that Obama’s stance on this issue was driven by political fear given the exigencies of the 2008 election. I participated in a 2007 off-the-record chat with Obama during the 2007 edition of Netroots Nation in Chicago that strongly left me with the impression that Obama’s view on the subject was purely tactical: Marriage equality campaigners were, in his view, being politically counterproductive for the larger cause of LGBT rights.

But whatever lurks in Obama’s heart—see his timeline of shifting stated views if you want to confuse yourself—it’s worth noting something here. There are a number of important issues — comprehensive immigration reform, carbon pricing, card check unionization — where Obama has a stated position on the progressive side but there’s no clear operational path by which the administration’s activities will lead to its stated goals. On marriage equality, it’s exactly the reverse situation. Obama is “against” it. But his administration has put forward a legal theory about the unconstitutional of the Defense of Marriage Act that plainly implies that marriage discrimination writ large is unconstitutional. What’s more, he’s appointing Supreme Court justices who presumably agree with his legal philosophy. It’s plausible that some day in the near future, Justice Kennedy will vote with the four progressive justices and act on this principle of anti-discrimination. It’s also plausible that if Obama is re-elected that either Kennedy or Justice Scalia (both of whom were born in 1936) will step down and be replaced by a pro-equality Obama appointee.

None of that changes the fact that today is always a good day to do the right thing and stand up for justice. And Obama’s nominal opposition creates a talking point that equality opponents can use in their own arguments. Still, it’s worth noting that there’s a pretty clear path by which Obama’s political success leads to victory on marriage equality in a way that’s not actually true for other issues that he’s embraced more explicitly.

New York Senate Democrats Call For A Vote On Marriage

Despite promising to convene at 10 a.m., the New York Senate remained adjourned throughout the morning and early afternoon as Republicans discussed property tax and mandate relief. Senate Republican deputy majority leader Thomas W. Libous told the New York Times that “negotiations were on track” and that he expected votes on most issues early Friday afternoon. Asked whether gay marriage could be voted on Friday, Mr. Libous said yes. “Nobody wants to stay here tomorrow,” he said.

Meanwhile, three Democratic senators held a press conference calling on Republicans to live up to their promise and bring the issue to a vote:

WGRZ also reports that Sen. Mark Grisanti (R) — “who is viewed by many as the potential swing vote on the issue” — texted the station that “he still hasn’t made up his mind on how he would vote, and isn’t even sure when it might come to the floor if at all today.” “In a phone conversation with 2 On Your Side Wednesday, the freshman lawmaker acknowledged that he ran for office on a platform which included a pledge ‘not’ to support gay marriage, but says he’s done a lot of study since then which has led him to become undecided…which is why this is such a difficult decision for him.” Thirty-one senators have publicly pledged to support the measure, which needs 32 votes to pass.

Tea Party Nation: Same-Sex Marriage ‘Will Become One More Factor In The Destruction Of America’

Tea Party leaders argue the country “can ill afford the discussion about social issues when it is passing on enormous debts to future generations,” but the Right Wing Watch’s Brian Tashman points to more evidence that Tea Party activists are more concerned about social issues than they let on. Last night, as President Obama addressed an LGBT fundraiser in New York and Albany contemplated voting on same-sex marriage legislation, the Tea Party Nation sent out this post from Alan Caruba, a right-wing activist who “once called marriage equality ‘an act of societal suicide.” In it, Caruba warns activists about the dangers of the “queering” of America:

I can speak only for myself, but I find all this activity to legalize “gay marriage” and to introduce a gay agenda into the curriculums in the nation’s schools a distinct threat to the fabric of a society based on the undisputed normality of heterosexuality. I am pretty sure the “straight” citizens of Boston and elsewhere find it offensive to host a gay parade.

I believe the greater society has a right to protect itself, its children and its military forces against these legislative intrusions, mandates and coercions to force acceptance upon it. If it continues, it will become one more factor in the destruction of America, a signal that its moral foundations continue to be eroded.

Candidates for elected office and those holding such offices should be challenged and removed when they advocate and vote for the queering of America.

The Tea Party Nation has previously described social issues as “just not something that’s on our radar;” the group focuses on economic issues in hopes of attracting a broader conservative/libertarian coalition and appealing to more independent voters. But emails like this one serve as reminders that their core constituency espouses traditional Republican social beliefs — and Tea Party groups are not shy about shoring up that base. According to a February poll from the Pew Research Center’s Forum on Religion & Public Life, “While registered voters as a whole are closely divided on same-sex marriage (42 percent in favor, 49 percent opposed), Tea Party supporters oppose it by more than two-to-one (64 percent opposed, 26 percent in favor). Similarly, almost six-in-10 (59 percent) of those who agree with the Tea Party say abortion should be illegal in all or most cases, 17 percentage points higher than among all registered voters.”

Minnesota Campaign To Defeat Anti-Gay Ballot Measure Kicks Off With Family Videos

In the 2012 elections, Minnesota faces a referendum on a constitutional amendment banning same-sex marriage. With the vote so far off, defenders of equality have a very long and expensive campaign to run, and it’s not yet clear whether campaign disclosure laws will be on their side. Minnesota is the first state to face such a referendum since polls consistently showed majority support for marriage equality, so it could well be the first to win that fight.

The Democratic-Farmer-Labor (DFL) Party is wasting no time in resisting the the discriminatory ballot measure. This week, they’ve released a new video campaign featuring five different Minnesota families who support marriage equality. Some are same-sex families discussing their challenges, while others are families with a gay member showing their support. (The Reitans were also featured in the film, “For The Bible Tells Me So.”) Watch all five below:

NEWS FLASH

The Downside Of Same-Sex Marriage | Katherine Franke, the director of the Center for Gender and Sexuality Law at Columbia Law School, argues in today’s New York Times that New York’s quest for same-sex marriage could undermine alternative domestic arrangements. “Winning the right to marry is one thing; being forced to marry is quite another. How’s that? If the rollout of marriage equality in other states, like Massachusetts, is any guide, lesbian and gay people who have obtained health and other benefits for their domestic partners will be required by both public and private employers to marry their partners in order to keep those rights. In other words, ‘winning’ the right to marry may mean ‘losing’ the rights we have now as domestic partners, as we’ll be folded into the all-or-nothing world of marriage.”

Chaos Without Corn: Where Things Stand In The New York Senate

Adjourning last night around 11 p.m., the New York Senate has still not addressed marriage equality during its extended session, which has now lasted a full week. Among the rumors circulating are that there is an anonymous 32nd vote and that a new version of the bill with agreeable “religious exemptions” has been completed.

Though a number of issues are waylaying the Senate’s progress, one accomplishment this week was naming sweet corn as the state vegetable. An anti-equality protester pointed out yesterday that corn is not a vegetable, and The Daily Show questioned the Senate’s priorities. Watch:

At this point, the focus seems to be on figuring out the omnibus bill addressing rent control and property taxes. As for same-sex marriage, Senate Majority Leader Dean Skelos (R) said the Senate GOP would tackle that issue after all other business is done Friday. “I want to have all the bills in printed, everything and then we will discuss the same sex marriage,” Skelos said. The Senate reconvenes this morning at 10 a.m.

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The Morning Pride: June 24, 2011

Welcome to The Morning Pride, ThinkProgress LGBT’s 8:45 AM round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but let us know what you’re checking out too.

- New York Yankee Yogi Berra said “It ain’t over till it’s over,” and perhaps he had some prophetic insights into the workings of his state’s Senate. After rumors of an all-nighter, the Senate adjourned last night around 11 having still not touched the marriage equality bill. It’s likely that marriage won’t come up until after what Senators are calling “the big ugly,” an omnibus bill that addresses issues like property tax and rent control. Sen. Greg Ball (R) has made it clear he is opposing the bill, but he believes it will pass. With all the speculation brewing on and off Twitter, one website is attempting to offer a clear answer on where things stand.

- In an editorial today, the New York Times today calls out the ongoing secret negotiations as a “cowardly” way to avoid public scrutiny.

- President Obama spoke last night at a “Gala for the Gay Community” fundraiser in New York City and — despite pleas from audience members — stopped short of endorsing marriage equality or the effort to pass it in New York. Metro Weekly has the full transcript.

- Towleroad has a roundup of videos from last night’s cable news shows discussing Obama’s speech and marriage in New York.

- Britain’s Prime Minister David Cameron also spoke at an LGBT fundraiser last night in London. He called on athletes to come out and fight homophobic bullying and suggested Britain should pressure Africa to better treat its LGBT citizens.

- A new campaign from the Massachusetts Transgender Political Coalition features the voices and stories of people who are transgender. Check out the first “I AM: Trans People Speak” video, from Maxwell:

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