After urging lawmakers to at least put gay marriage legislation up for a vote, New York Gov. David Paterson is just going to do it himself. An official announcement about the unusual (though not unprecedented) move will come Thursday morning. And while plenty of elected officials in the legislature support gay marriage (as do New York’s two senators), Paterson’s bill could still faces months of stalling as it makes its way through committees. [ NYT/Cityroom]
GayIsTheWay
I contacted New York Senators already and plan to again. The Senate is split (32 Democrats and 30 Republicans) right now however with your help we may be able to get marriage equality passed. I urge everyone to contact them NOW and encourage them to vote for marriage equality.
New York Senate
http://www.senate.state.ny.us/Senatorbio.nsf/Public_MemberEmail?openform
New York Assembly
http://www.assembly.state.ny.us/mem/?sh=email
oneway
I’ve always wondered whether there were any states where a governor’s executive order would be sufficient to enable marriage equality — at least tentatively until either the legislature and/or courts chimed in.
Maybe NY is such a state — if they have no statewide DOMA and existing law doesn’t explicitly state “one man, one woman”.
Would that be enough for Paterson (or any other governor) to direct the state to issue marriage licenses to same-sex couples? Maybe that’s what he has up his sleeve.
Any lawyers out there with insights?
Jeve
Let’s hope the Senate doesn’t put a stop to it like last time. Hopefully the momentum keeps going!!
Adam
@Oneway
If I remember correctly, it was an executive order from Patterson that allowed NY to recognize gay marriages/unions from other states/countries.
Since that came directly from him, and he is an open supporter of gay marriage, I think it’s the closest that he (or any Gov of NY) could get without the courts or legislature. At the time I think I remember him saying he wished he could extend the right to NY marriages, but couldn’t.
Alec
New York is a jurisdiction with some unusual choice of law rules, so that out of state marriages that aren’t permitted under NY law (first cousin marriages, for example) are permitted although marriages that raise more fundamental questions of public policy are not (a statute prohibiting recognition, for example, or a marriages that violate fundamental natural law, like polygamy and brother/sister incest). The New York Court of Appeals, the state’s highest appellate court, issued a decision in 2005 holding that 1) the domestic relations statute did not permit same-sex marriage and 2) it was not unconstitutional under the state constitution to deny marriage to same-sex couples. http://www.courts.state.ny.us/reporter/3dseries/2005/2005_09436.htm
Two appellate courts have upheld county and agency decisions to recognize same-sex marriages permitted in other jurisdictions. http://www.nycourts.gov/ad4/court/Decisions/2008/02-01-08/PDF/1562.pdf
So…you can’t get a marriage certificate in NY, but if you drive a bit to CT or MA or Ontario, get hitched, and come back, your marriage will be recognized. The New York Court of Appeals will be hearing a case deciding whether the lower appellate courts were correct.
jc
Hey Queerty:
What are the major gay activist organizations that are lobbying behind the scenes in NY.
Who should we be donating our money to?
Doug
WOO HOOO!!!
Robert, NYC
As a NYC resident, I don’t think this is an opportune time for Gov. Paterson to put this to a vote with three conservative democrats vowing to vote with the republicans to defeat it. I don’t want to see another Prop. H8 rear its ugly head in our state if he proceeds, which is what this will do if he does. I think this is a ploy to distract from the governor’s current budget crisis in the state, why stir up agitation and enable the same-sex marriage haters at this difficult time in our state? Already, the new RC archbishop has mouthed off against marriage equality, why provoke more of the same? As much as I want the right to marry, I think Paterson should wait until after the mid-term elections when the political climate will be, hopefully, a lot better that it now is. Not a wise move on his part I don’t think.
MadProfessah
So don’t we just need 31 votes in the Senate or does the Lt Gov not break ties?
Are there any Republicans that would vote for a marriage bill in the NY State Senate?
mixed-fruits
This moment is as good as any. NY legislature needs to start actually bringing bills for everyone to see. We need less shady deals and more transparent legislative action.
While on the note of Prop H8, I only have to say that had Blumberg not appealed the decision permitting same-sex marriage in NY immediately, we’d probably at least have honest conversation by now all over the state, and at most would have marriage. Instead of this scared BS of “Omg! What will happen if it’s defeated?” The correct answer: Nothing. It is defeated right now. That’s the reason legislature is not bringing it up. As of now, it is defeated!
So, Governor bringing transparency to the process can not hurt us much more. At the very least, it will force the Democrats to whose campaigns we contributed through money, campaigning, votes to put the money where the mouth it – we will know who exactly supports us and who should be abandoned.
Alec
@mixed-fruits: Re: Prop 8. There’s not even a provision for an initiative or referendum without legislative approval in NY, is there? I mean, that seems to come out of nowhere to me, unless NY is very much unlike its neighbors.