Box Turtle Bulletin

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 NY Senate President Supports Marriage

Yesterday I speculated that the change in leadership in the New York State Senate might yield movement on the marriage bill. Today, comments made by Pedro Espada Jr. give more fuel to the consideration of such possibility. (NY Times)

“I am for same-sex marriage,” Mr. Espada said. “There will be no guarantees and no quid pro quos, I think there will be a vote of conscience of the senators. And with my partner in government, Senator Skelos, we have not discussed bringing it out to the floor. I\’m expressing my own personal desire to see a full debate and decision on this matter.”

The Senate majority leader, Dean G. Skelos, a Long Island Republican who is sharing power with Mr. Espada under the new leadership arrangement, said he and Mr. Espada would discuss the issue of same-sex marriage and other matters later on Tuesday.

Empire State Pride, with a long history of bi-partisan lobbying and support, smartly set aside partisan assumptions and is instead focusing on their objectives.

“Our issues are not partisan issues,” Alan Van Capelle, the organization\’s executive director, said on Tuesday. “They are about equal rights for hundreds of thousands of New Yorkers who are treated like second-class citizens. Our hope and expectation is that yesterday\’s events will not derail efforts by our community to win the equality we so desperately need.”

UPDATE: From NY Magazine

Democrat Pedro Espada, the new president pro tempore, is a co-sponsor (along with nineteen other Democrats) of the gay-marriage bill. Earlier today, he told the Daily News that he would be “pushing very very hard for issues like same-sex marriage to not be pre-determined in a smoke-filled room, but to let it air out in full debate on the Senate floor as soon as possible.” Dean Skelos, the new majority leader, is against gay marriage, but had previously instructed his caucus to vote how they pleased on the issue. Both men discussed the issue with the Post’s Fred Dicker on Albany’s TALK 1300 this morning. Espada expressed hope that the bill would come to a vote, while Skelos, according to Newsday, “didn’t disagree.” “We should vote up or down on bills, that’s part of the reforms we’ve brought,” Skelos said.

So whether this bill has adequate votes for passage, it looks as though Senators may well be put on record about their position on marriage equality.

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.

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.

Does New York Senate Have the Votes?

New York Senate Majority Leader Malcolm Smith has said that he won’t bring the marriage bill to a vote unless there were enough votes to pass the bill. However, by some counts there are.

Albany Times Union:

At a noon rally in support of gay marriage, bill sponsor Sen. Tom Duane says there are the votes to pass, but would not elaborate. Smith and U.S. Sen. Kirsten Gillibrand also stopped by the rally.

Over the weekend, Capital News 9 reported that a Republican senator said there were Republican votes to pass the bill and that it should come to a vote.

Smith continues to state that his vote count does not predict success. Some question whether it is his vote count or whether it is his deal with Sen. Diaz that is causing him to block a vote on the issue.

Analysis of the New York Assembly Vote

The New York State Assembly passed the marriage equality bill 89 to 52. This is reason for celebration. But a closer look suggests that this victory is particularly sweet.

The Assembly voted for a marriage bill in 2007, as well. But in that vote the count was 85 to 61. And while this year’s vote only has four more “yes” votes, the margin of victory increased from 24 to 37.

Elizabeth Benjamin, who writes for the Daily News with the sort of political analysis that I enjoy reading, provides some detail:

Five members who had voted “no” changed their votes – two Republicans: Fred Thiele and Janet Duprey, bringing the total number of GOP “yes” votes to five; two Democrats: Sandy Galef and Bob Reilly; and one Independence Party member, Tim Gordon).

In addition, there were a number of members who were “excused for other reasons” and some seats changed hands. But the net result shows a healthy increase in support, one which suggests that the brand of political calculus engaged in by politicians shows that supporting marriage equality is a safe position.

[Empire State Pride Agenda Executive Director Alan] Van Capelle predicted the vote would prove to be the “tipping point” that pushes the Senate to follow the Assembly’s lead and muster the 32 votes necessary to pass the bill this year. (O’Donnell made much the same argument to me before the vote started).

Getting Republicans to vote “yes” and Democrats who had voted “no” to change their minds is what will move the Senate “from good to great,” Van Capelle said, adding: “I know now this is the last time this house will have to vote on this bill.”

New York Assembly Says Yes To Marriage

This just in:

Members of the Assembly in a bipartisan vote of 89-52, approved a bill that would legalize same-sex marriage in New York State. The bill had been introduced by Governor David Paterson earlier this year.

During the spirited debate Member of the Assembly, Janet Duprey, R, Plattsburgh, explained why she was changing her vote from two years ago. “The next generation of adults will wonder what the big deal was about.”

When the Assembly considered the bill in 2007, it passed 85-61, but died in the Senate. This time, Senate Majority Leader Malcolm Smith (D) has stated that the Senate will consider the bill this session if it is apparent there are enough votes to pass it.

The Current Status of Marriage Equality – 5/5/09

Green = marriage; Yellow = needs Governor signature

With marriage equality issues changing so very quickly, here’s where the current status stands (my apologies for any inaccuracies):

California – the State Supreme Court has until June 6 to announce whether Proposition 8 is constitutional and, if so, what impact it has on the 18,000 same-sex couples who married between June and November 2008. There are mixed opinions on what the court will decide.

Colorado – The legislature passed a Designated Beneficiary Agreement Act, which has been signed by the Governor.

Illinois – a bill has been introduced to enact Civil Unions. The bill is currently waiting for a House vote.

Maine – The House and the Senate have both passed a marriage bill. Tomorrow it goes before the Senate for final approval and then to Gov. John Baldacci, who is “keeping an open mind”. Anti-Gays will immediately seek a “People’s Veto”, a process by which an enacted bill can be placed before the voters for an up or down vote. They would need about 55,000 valid signatures by the first of September. It would be led by Michael Heath who has established his reputation in Maine as an extremist and a homophobe.

Nevada – The Senate passed a bill to provide Domestic Partnerships with all the rights and obligations of marriage. It will go before the Assembly Judiciary on Friday. The Governor has promised to veto the bill but some sources say that there will be a compromise crafted before the legislature disbands in a month.

New Hampshire – The House and Senate have both passed a marriage bill. The Senate version had specific religious protections that were not in the House bill. The House Judiciary has approved the changes and they will go before a House vote tomorrow. The Governor has stated that he is opposed to gay marriage in the past but has not addresses this specific bill.

New York – A marriage bill has been introduced in the house. Log Cabin Republicans announced that they have found additional Republican support in the House for marriage. Senate Majority Leader Smith will not bring marriage to a vote in the Senate until adequate votes will assure its passage, which probably means that four to six Republicans will need to be convinced. Empire State Pride is doing polling in Republican districts and seeking to give them assurance that a vote for equality will not result in an election defeat.

Washington – a bill to upgrade the state\’s Domestic Partnerships to provide all the rights and obligations of marriage has passed the Senate and House with large margins and will be signed by the Governor. A petition has been filed to put it to the voters.

District of Columbia – the Council voted to recognize out of state marriages. This bill will be signed by the Mayor and then Congress has 30 days to review and possibly overturn it by a majority vote in both houses and the signature of the President. A same-sex marriage bill is expected later this year.

Also see our last synopsis on April 9

Marriage Equality Bills Introduced in New York

From Politics on the Hudson:

The Senate bill, sponsored by Sen. Thomas Duane, D-Manhattan, has 18 Democratic co-sponsors: Adams, Breslin, Dilan, Espada, Craig Johnson, Klein, Krueger, Montgomery, Oppenheimer, Parker, Perkins, Savino, Schneiderman, Serrano, Squadron, Stavisky, Stewart-Cousins and Thompson.

It will need 32 votes in the Senate.

The Assembly bill, sponsored by Assemblyman Daniel O\’Donnell, D-Manhattan, has more, 53: Gottfried, Glick, Titone, Kellner, Silver, Bing, Rosenthal, Jeffries, Dinowitz, John, Kavanagh, DenDekker, Schimel, Sayward, Alessi, Aubry, Boyland, Bradley, Brennan, Brodsky, Cahill, Cook, Duprey, Eddington, Englebright, Farrell, Fields, Gianaris, Hevesi, Hoyt, Jaffee, Lancman, Latimer, Lavine, Lentol, Lifton, Lopez V, Lupardo, McEneny, Millman, Nolan, Ortiz, Paulin, Peralta, Pretlow, Rivera J, Rivera N, Sweeney, Towns, Weisenberg, Weprin, Wright, Zebrowski.

The Assembly bill is expected to pass easily. Current opinion is that the Senate bill will require the support of at least four Republicans and is far less certain.

New Yorkers Support Marriage

From Reuters

By a margin of 53 to 39 percent, New York voters said they backed Governor David Paterson’s proposal enabling same-sex couples to obtain marriage licenses, said the poll by the Siena Research Institute at Siena College in Loudonville, New York.

Gov. Paterson Introduces NY Marriage Bill

Today, fulfilling his promise, NY Governor David Paterson held a press conference announcing that he would introduce a bill to the NY State Senate to legalize same-sex marriage. Although many supporters of marriage equality had originally balked at addressing the vote too quickly, today he was joined by NYC Mayor Bloomberg, Assembymember Danny Odonnell, Sen Tom Duane, City Council Speaker Chris Quinn, and Empire State Pride Agenda head Alan Van Capelle.

Jeremy at Good-As-You has video of the press conference.

This bill may fail in the Senate. And some fear that if this bill is defeated that it will be seen as a setback for marriage supporters and a victory for anti-gays.

But I think that if fear silences the debate and keeps the Senators from going on record, then the anti-gays have already won. It’s time to be counted. And those who oppose equality must be exposed.

And I’m optimistic. I think that there is a strong possibility that when it comes time to place their name next to this historical marker, some Republicans may surprise us and vote for the bill. Maybe even enough to make New York the second state to voluntarily enact marriage equality.

State Marriage Equality Update

There has been a lot of movement recently in various states on the issue of recognition for same-sex couples. Here is a brief synopsis (I apologize if I missed anything):

Arkansas – on March 27, a bill was killed that would have banned cities and counties from creating domestic partner registries.

California – the State Supreme Court is deliberating on whether Proposition 8 is constitutional and, if so, what impact it has on the 18,000 same-sex couples who married between June and November 2008.

Colorado – at least two initiative drives are underway to either change the constitution to allow for gay marriage or alternately to statutorily create civil unions. The legislature has just passed a Designated Beneficiary Agreement Act, which has been signed by the Governor.

Connecticut – last week codified – with bipartisan support – marriage equality in the state\’s laws to agree with the decision of the state Supreme Court.

Delaware – proposed constitutional amendment to ban same-sex marriage defeated in the Senate in the last week in March.

Hawaii – Civil Unions bill was tied up in committee. Although the bill has a strong majority of support in the Senate, they voted not to pull it from committee.

Illinois – a bill (HB 0178) has been introduced to legalize same-sex marriage along with a bill (HB 2234) to enact Civil Unions. The marriage bill is resting in the Rules Committee but the Civil Unions bill passed out of committee in March and now faces a House vote.

Iowa – last week the Supreme Court found that the state must recognize same-sex marriage. It will go into effect on April 27. The Governor, the Senate Majority Leader, and the Speaker of the House have all announced that they will oppose efforts to change the Constitution. Iowa has no initiative process so it would require a change in leadership and several years before it would be possible to revoke this right.

Maine – both a marriage bill and a civil unions bill are before the legislature. The Judiciary Committee has scheduled a hearing on April 24. Gov. John Baldacci is “keeping an open mind”.

Maryland – on April 7, the State Senate upgraded benefits offered to same-sex couples in domestic partnership relationships but do not allow for official state recognition of those relationships.

Minnesota – there is a bill before the legislature to provide new marriage equality. It is unlikely to pass.

Nevada – a bill to provide Domestic Partnerships with all the rights and obligations of marriage has passed out of committee and is before the Senate.

New Hampshire – at the end of March the House passed a bill to allow for gay marriage. It will be considered by the Senate, where Democrats have a 14-9 advantage (a dozen Republicans in the House supported the bill). Governor John Lynch has not stated whether he will veto the legislation, should it pass.

New Jersey – a commission has found that civil unions are inadequate and polls have found that residents favor gay marriage but a bill before the legislature appears not to be moving.

New Mexico – in March the Senate defeated efforts to enact Domestic Partnerships.

New York – the Governor has announced that he will push for a vote in the Senate on gay marriage. Although marriage equality has passed in the House, without support from some Republicans, the votes do not appear to be there in the Senate.

Rhode Island – a gay marriage bill is unlikely to make it out of committee. A “reciprocal beneficiary agreements” bill, a darling of anti-gays who want to label gay couples as identical to roommates or cousins, has been proposed as a “compromise”.

Vermont – this week the legislature overrode the governor\’s veto to pass marriage equality.

Washington – a bill to upgrade the state\’s Domestic Partnerships to provide all the rights and obligations of marriage has passed the Senate and will come before the House soon.

West Virginia – last week the House of Delegates defeated a proposed state constitutional amendment that would have banned same-sex marriage.

Wisconsin – the Supreme Court is being asked to review the constitutional ban on marriage. The Governor, in his budget, has proposed Domestic Partnership benefits.

Wyoming – in February the House defeated a constitutional amendment to ban same-sex marriage.

District of Columbia – the Council voted unanimously to recognize out of state marriages. Same-sex marriage bill expected later this year.

Marriage Vote May be Coming to New York

New York Legislature is a world in which votes are often the least tense or worrisome of the legislative process. Vote counts are made long in advance with back room wrangling determining the outcome before the issue is ever raised.

Governor Patersen wants to stand that on its head.

In a radio address yesterday, he called for the gay marriage bill to be brought up for a vote in the Senate, even if it fails.

In an appearance on an Ithaca radio station, Paterson said Wednesday he doubted the measure would pass, but that it still merited a vote on the floor of the Senate.

“We’ll put a bill out and let the people decide one way or the other, which is actually the reform Albany really needs,” Paterson said, referring to the gay marriage bill

This did not sit well with gay lobbyists who do not yet believe they have adequate votes to pass the bill and who were given no advance warning.

While I recognize the value of strategy and timing, part of me would rather have it public who supports equality and who will not rather than drag on indefinitely waiting for the ‘right time’ for Senate leadership to spend the political capital and twist the arms required to pass this legislation.

José Sucuzhañay’s Killer: “So I Killed Someone — That Makes Me A Bad Guy?”

Keith Phoenix (right) being led out of the 83rd precinct in Brooklyn (DeCrescenzo / NY Daily News)

That’s what murder suspect Keith Phoenix, 28, said when he confessed to the hate-crime murder of José Sucuzhañay:

“So I killed someone — that makes me a bad guy?” Police sources said Phoenix showed no remorse for beating the 31-year-old victim in the mistaken belief he was gay because he was walking arm-in-arm with his brother. “He kept saying, ‘What’s the big deal? The guy’s dead,'” a police source said.

Phoenix, an unemployed felon out on parole, was caught on security video laughing just 19 minutes after he and Hakim Scott, 25, bashed José with an aluminum baseball bat on December 7. Phoenix reportedly continued to swing at Sucuzhanay even as he lay twitching on the ground.  José was declared brain dead five days later. Scott confessed and has shown remorse for his role in José’s death, saying he was glad to get it off his chest. But Phoenix is a different animal altogether.

Second Arrest Made In José Sucuzhañay Murder Case

Keith Phoenix

The second man wanted in the murder of José Sucuzhañay was arrested this morning in a pre-dawn raid in the Bronx. Keith Phoenix was sleeping when police found and arrested him without incident.

Phoenix is alleged to be the one who beat José Sucuzhañay with an aluminum baseball bat while a group of men beat and kicked him while shouting anti-gay and anti-Hispanic slurs. Phoenix was also caught on surveillance tape laughing and smiling just nineteen minutes after the attack.

José, an Ecuadorian immigrant was not gay. But he was walking home arm in arm with his brother, Romel, after a night of heavy drinking when the assailants drove by and mistook them for a gay couple. Romel was not seriously injured in the attack. José was declared brain dead five days later.

Hakim Scott, 25, was arrested on Tuesday and reportedly gave a complete confession. He was arraigned Thursday on charges of second degree murder as a hate crime.