Box Turtle Bulletin

Marriage Rumors Fly in New York

New York is still in a whirl over the Republican coup in the Senate. And with Democrats locking refusing to concede and locking the doors of the chamber, uncertainty reigns. Republicans are planning on calling the Senate to order, even if they have to do so in a park.

Naturally, amidst the turmoil rumors of all sorts abound. And many of them involve the gay marriage bill.

Perhaps the most startling is the idea that Republicans may be wooing Democrats by promising to pass the marriage bill. (NY Times)

One of the senators who is believed to be considering breaking ranks with the Senate Democratic conference, Thomas K. Duane of Manhattan, would not say Tuesday where he planned to cast his political allegiance. “I am not considering anything but trying to get passed all the legislation I\’ve spent my whole life fighting for,” he said. Mr. Duane, who did not attend meetings with his Democratic colleagues on Tuesday, said he had spent all day in discussions with senators from both parties.

Mr. Duane did not attend the meeting of Democrats on Wednesday morning, and he has not been seen in the Capitol since Monday.

City Hall News takes the story further

But the scuttlebutt among several lawmakers and aides, which many of Duane’s colleagues and supporters seem to believe, is that he is hashing out a deal with the Senate Republicans to bring a bill legalizing same-sex marriage to the floor for a vote.

That would not surprise those close to Duane, who say the Manhattan Democrat is committed above all else to passing same-sex marriage legislation before the end of the session—even if it means joining the coalition majority, some of whose members “he despises,” according to one close friend and adviser. Cooperating with Republicans would offer Duane the opportunity to pass landmark civil rights legislation that could have ripple effects across the country.

They provide some history

The move would not surprise Republicans, either. GOP leaders, including then-Majority Leader Dean Skelos, courted Duane intensively as early as December of last year, according to a Republican official familiar with the conversations.

At the time, Smith was struggling to appease a group of dissident Democrats who were threatening to throw their support behind the Republicans. One, Sen. Ruben Diaz Sr., tried to extract from Smith a promise not to bring the same-sex marriage bill to the floor for a vote.

As Smith mulled that deal, Republicans reached out to Duane, enticing him with the possibility of bringing gay marriage to the floor themselves and, with his support, passing the bill. Duane ultimately rebuffed those overtures after Smith rejected the terms of Diaz\’s deal.

The plan some Republicans had hatched involved letting a handful of their safer and more moderate members, such as Sen. Betty Little, vote along with most of the Democratic conference in favor of the gay marriage bill. That way, Republicans would co-opt a key plank in the Democrats\’ platform and claim that they had succeeded where the Democrats had failed.

Republicans now appear to have resurrected those plans in a political maneuver they feel would neutralize a key voting bloc and further debilitate a wounded Democratic conference.

There is even speculation that Duane is willing to change party registration.

If any of this is true, it would be perhaps one of the strangest political turns that I’ve seen.

Another Die-hard Conservative For Marriage Equality

First it was Ted Olson launching a lawsuit challenging California’s Prop 8 in Federal court. Then it was Dick Cheney coming out for same-sex unions. Now a former New York legislator who spent a career blocking LGBT rights at every turn has come out in favor of marriage equality.

New York governor David Patterson (D) has asked former State Senate Majority Leader Joe Bruno to endorse the same-sex marriage bill that is before the Senate. Bruno’s endorsement came today:

It’s time — now — for government to back off, let people make their own life decisions, and about who they care about and who they don’t care about.

Bruno is a registered lobbyist, but state law bars him from doing any direct lobbying for another year. While he can’t lobby directly, it is hoped that Bruno’s endorsement may provide cover for a few Republicans to vote for the measure.

Bruno resigned last summer, and he’s fending off federal corruption charges associated with his outside business interests. He nevertheless enjoys a strong reputation among many GOP state senators.

New Jersey’s Narrow Window

Even before today, I was intending to write about the narrow window of opportunity that New Jersey government has in which to implement marriage equality. But the coup in the New York Senate has provided an illustration of just how transient opportunities can be. Changes in power can come unexpectedly so those who are in a position of political authority should use their power responsibly and not assume that it will always be there when needed.

Last Tuesday, Christopher Christie won the Republican nomination for New Jersey Governor. On a page on Christie\’s website titled “Shared Values”, he says the following:

I also believe marriage should be exclusively between one man and one woman. While, I have no issue with same sex couples sharing contractual rights, I believe that marriage should remain the exclusive domain of one man and one woman. If a bill legalizing same sex marriage came to my desk as Governor, I would veto it. If the law were changed by judicial fiat, I would be in favor of a constitutional amendment on the ballot so that voters, not judges, would decide this important social question.

You\’ll note he used the odd phrase “contractual rights” as opposed to civil unions, a structure that New Jersey already enjoys. Christie is no friend of our community.

As unlikely as it may seem for a pro-life, anti-marriage candidate to win the top seat in New Jersey, incumbent governor John Corzine is not safe. A poll on Thursday showed him far behind his opponent.

The Rasmussen Reports poll released today shows Christie defeating the incumbent Democrat 51% to 38%.

If marriage equality is not enacted by November, it is likely to be at least four years before we have another chance.

GOP Coup in NY Senate; What Does this Mean for Marriage?

By the votes of two Democratic senators, control of the New York State Senate has been turned over to Republicans. (WSJ)

Republicans appear to have retaken control of New York’s Senate after two dissident Democrats jumped the aisle.

The flip of senators Pedro Espada Jr. of the Bronx and Hiram Monserrate of Queens gives Republicans a 32-30 edge in the chamber.

Within an hour of the overthrow, Republicans named Mr. Espada temporary president of the Senate and Dean Skelos of Nassau County vice president and majority leader. Mr. Skelos is the former majority leader.

This is decidedly unfavorable for Democrats in the state. However, it is less certain what it means for the vote on gay marriage. Espada was considered a “yes” vote for marriage and Monseratte was undecided.

Previous Democratic Senate President Malcolm Smith was holding up a vote on marriage by saying that the bill does not have adequate votes to pass. Some thought that his decision may been more related to deals made to keep in power and, if that did weigh on his decision, today’s action is definitely ironic.

It is possible that Espada, who remains a Democrat, did not have to make the same assurances in order to get his position. And it is possible that a vote for marriage may take place. From my seat on the other side of the nation it’s pretty hard to predict.

Today In Box Turtles

Look in the lower right. Tom Toles’ editorial cartoon in today’s Washington Post warns of the dangers that Box Turtles pose to marriage:

Heterosexual Menace: Fox Reality Show To Promote “Traditional” Marriages

Arranged marriages, that is:

Production has already been completed on the pilot, which centers on a woman who is in her late 30s and is eager to get hitched. A group of friends and family are presented with five eligible men, and the group slowly picks off the guys until one is left standing.

As each man is booted out, the bride-to-be gets her first look (“Dating Game” style) at who she won’t be marrying. By the end of the episode, she finally meets the guy she’s going to marry — and the ceremony is held. Each week focuses on another potential coupling.

FotF’s Fictional Fears

Responding to New Hampshire’s marriage equality bills which also expressly protect religious freedoms, Focus on the Family had the following to say:

“While the debate over the lack of religious-liberty protections revealed the dangers to the First Amendment rights of citizens, the language added to the bill is pitifully ineffective,” he said. “Not only will the law create family situations where children will be deprived of either a mother or a father, but citizens are being deprived of significant First Amendment rights, as well.”

Under similar statutes, Christian business owners and churches have been forced to violate their religious beliefs.

No. They haven’t.

Only two other states have similar statutes: Connecticut and Vermont; and in Vermont, same sex marriages won’t be effective until September. And I am perfectly confident in stating that there are NO INSTANCES in Connecticut in which Christian business owners or churches have been forced to violate their religious beliefs.

So don’t look down FotF, but your pants are on fire.

Are Marriages Now Legal in D.C.?

It has now been 30 days since the Council of Washington, D.C. voted 12 – 1 to recognize same-sex marriages that were legally performed elsewhere. Congress’ window to veto the Council’s decision seems to have run out.

Does this then mean that D.C. residents can now take a five hour drive up I-95 and return to live in legally wedded bliss?

ANSWER: From our informed readers below: “Nope”

It appears to be legislative days, not calendar days. So D.C. residents still have time to rent the hall and plan the local reception for their out-of-state wedding.

Marriage Equality Virtually Everywhere

Lyle Masaki, posting at After Elton, is reporting that same-sex couples can marry on the newly-released Sims 3 roll playing computer game.

So when I bought my copy of the latest Sims game yesterday, I wanted to find out if gay couples had taken another step forward and now had the ability to get married like any other couple … and after a week of game time, I was able to get a male couple to plan a wedding party and tie the knot.

It’s nice to know that even in those states that have made it perfectly clear that they’d give more rights to chickens than to gay couples, you can still disappear into a world where you have virtual equality.

Betty Bowers Explains Bible-Based Marriage

And New Hampshire Makes Six

Today the New Hampshire Senate and House of Representatives passed the religious protections bill required by Governor Lynch to get his approval of the marriage equality bill. Lynch has promised to sign the marriage/religious protections combination package of three bills and New Hampshire will bring the total number of states granting same-sex marriages up to six.

Update: The AP reports:

New Hampshire’s governor has signed legislation making the state the sixth to allow gay marriage.

Gov. John Lynch was Surrounded by cheering supporters of the move as he signed the three bills about an hour after the key vote on the legislation in the House.

Marriage will begin in New Hampshire in January 1, 2010.

Rhode Island Senate Votes for a Single Domestic Partnership Right

Domestic Partners may be recognized in Rhode Island. But only once they are dead.

Providence Journal:

the Senate on Tuesday approved a bill giving “domestic partners” the right to claim the bodies of — and make funeral arrangements for — their loved ones.

A domestic partner is defined in the measure as “a person who prior to the decedent\’s death was in an exclusive, intimate and committed relationship with the decedent.”

This is important in that if it passes the House, the State of Rhode Island will recognize that same-sex couples do have exclusive, intimate and committed relationships and that they are worth consideration. While this is not much compared to their neighbors, it’s a start.

And the story behind this bill shows all too clearly that the claims that “gay people can get the same rights through contracts and legal documents” is a cruel lie.

Mark S. Goldberg told a Senate committee about his months-long battle last fall to persuade state authorities to release to him the body of his partner of 17 years, Ron Hanby, so he could grant Hanby\’s wish for cremation — only to have that request rejected too because “we were not legally married or blood relatives.”

Goldberg said he tried to show the police and the state medical examiner\’s office “our wills, living wills, power of attorney and marriage certificate” from Connecticut, but “no one was willing to see these documents.”

He said he was told the medical examiner\’s office was required to conduct a two-week search for next of kin, but the medical examiner\’s office waited a full week before placing the required ad in a newspaper. And then when no one responded, he said, they “waited another week” to notify another state agency of an unclaimed body.

Where Are Those NY Senate Votes?

New York State Senator Tom Duane says that he has the 32 votes necessary for passage of the marriage equality bill. But NY1 has polled the Senate and if Duane has the votes they aren’t telling:

Twenty lawmakers tell NY1 that they would vote “yes” on the bill, with 15 either undecided or noncommittal. The measure would need 32 votes to pass.

According to the NY1 tall, if only four more undecided lawmakers oppose gay marriage, the bill would fail.

You can see their count here.

Cheney Reiterates Marriage Support

Washington Post:

Former Vice President Dick Cheney said Monday he supports gays being able to marry but believes states, not the federal government, should make the decision.

“I think, you know, freedom means freedom for everyone,” Cheney said in a speech at the National Press Club. “I think people ought to be free to enter into any kind of union they wish, any kind of arrangement they wish.”

Update: Here’s the video:

Civil Unions Bill Dies in Illinois

It now appears that the Illinois House of Representatives did not vote on the Civil Unions bill before them. The session is over and civil unions are a dead, for now.