NYT Reports on Nationwide Marriage Equality Fight

The New York Times had an interesting editorial on the fight for nationwide marriage equality in light of the recent 10-8 vote in the U.S. Senate Judiciary Committee to repeal the so-called Defense of Marriage Act. The above image indicates the current state-by-state recognition of same-sex relationships. The highlights are that only three states: Rhode Island, New Mexico and New Jersey have no laws banning marriage equality. In two of those three states (Rhode Island and New Jersey) civil union statutes have been enacted which purport to provide all the rights and responsibilities of marriage while reserving the name of "marriage" to opposite-sex couples only.

The editorial ("A Long, Winding Road to Marriage Equality") says:

Twenty-nine states have enacted constitutional amendments blocking same-sex marriage. In 18 of those states, the amendments also ban domestic partnerships or civil unions. Twelve states bar same-sex marriage by statute, and in two, Minnesota and North Carolina, anti-gay-marriage constitutional amendments will go before voters next year. At this point, nearly 60 percent of Americans live in places that do not protect gay couples in any way. 

With New York, same-sex marriage is still allowed in only six states and the District of Columbia. Only 13 states provide some recognition of gay relationships with broad domestic partnerships or more limited rights, for things like medical decisions and inheritance (this includes 11 states with constitutional amendments or statutes barring gay marriage).

In addition to the attempts to ban marriage equality in Minnesota and North Carolina via the ballot box in 2012, there will be attempts to legalize marriage equality by ballot measure in Maine. There will be no such attempt in California, however. (Thank Goodness!)  Also, in Washington, New Jersey and Maryland there are on-going efforts to legalize same-sex marriages in those states.

Of course at MadProfessah.com we will be covering all these political stories in 2012!

REPORT: Over 50,000 Legally Married Same-Sex Couples

The Williams Institute of UCLA Law School issued a report this week, Patterns of Relationship 
Recognition by Same-Sex Couples in the United States, which details that over 50,000 couples have legally married in the United States and over 140,000 have entered into some form of governmental recognition of their relationship at the state level.

From the press release:

LOS ANGELES, CA – Over 140,000 same-sex couples have formalized their
relationship under state law in the United States.  Nearly 50,000 same-sex couples have
married.  These findings from a new Williams Institute study, Patterns of Relationship
Recognition by Same-Sex Couples in the United States, are based on state administrative
data from those states where same-sex couples can marry, enter civil unions or domestic
partnerships, or enter other legal relationship statuses.  The study also finds that same-sex
couples prefer marriage over other non-marital legal relationship statuses.   

“We see a lot of evidence that same-sex couples strongly prefer marriage over civil
unions or domestic partnerships. Same-sex couples marry at higher rates in the first year
they have the option than we see in civil union states, for example,” M.V. Lee Badgett,
Research Director of The Williams Institute and professor of economics at the University
of Massachusetts Amherst.  “Our findings are consistent with other research showing that
couples value marriage more for its social meaning than for its practical benefits.”   

The new study also provides a snapshot of the couples who enter legally-recognized
relationship statuses.  These couples are predominantly female, tend to be younger than
currently married different-sex couples, and tend to be older than newly-married
different-sex couples. When a state allows marriage for same-sex couples, couples will
travel to that state to marry from other states in which they do not enjoy that same
opportunity.  

“When we look at the residency of same-sex couples who marry, around 60 percent live
outside of the state where they got married,” said Jody L. Herman, Peter J. Cooper Public
Policy Fellow at The Williams Institute.  “Couples are much less likely to travel out of
state to enter non-marital legal statuses.  This is further evidence that same-sex couples
prefer marriage.”

The graphic at the top illustrates the impact of same-sex marriage in Iowa on the surrounding states in the midwest of the country. Currently, New York, Iowa, Massachusetts, Vermont, New Hampshire, Connecticut and the District of Columbia all allow legal same-sex marriage.

Which state will be next? Perhaps Maine or Maryland?

Celebrity Friday: Cheyenne Jackson

Out actor Cheyenne Jackson (right) and
his newly married spouse Monte Lapka

Today's Celebrity Friday is about the civil marriage of out actor Cheyenne Jackson to his male partner Monte Lapka which was announced via Twitter last week. They tied the knot in New York, now that the state has legalized marriage equality.

POLL: NJ Supports Marriage Equality 47%-42%

A new PPP poll of New Jersey voters shows that support for marriage equality is now the plurality position. In December 2009 a vote to legalize marriage equality failed when Governor-elect Chris Christie lobbied vigorously to kill the bill. New Jersey has had civil unions since December 2006, two months after the State Supreme Court ruled that the state must provide same-sex couples with all the rights and benefits of opposite sex couples but declined to legalize marriage equality.

While New Jersey failed to legalize same-sex marriage when it came to 
a vote in the state senate in 2010, now the Garden State is in favor of following in New 
York’s footsteps. By a 47-42 margin, New Jersey voters feel same-sex marriage should be legal. Those aged 30-45 come out strongest in support of legal same-sex marriage in New Jersey, with 55% in support and 35% opposed. New Jersey currently allows civil unions, and when they are added as an option, voters are split between marriage and civil unions. 41% favor marriage to 40% for civil unions, while 17% oppose all recognition. 


[...]

PPP surveyed 480 New Jersey voters from July 15th to 18th. The margin of error for the survey is +/-4.5%. This poll was not paid for or authorized by any campaign or political organization. PPP surveys are conducted through automated telephone interviews. PPP is a Democratic polling company, but polling expert Nate Silver of the New York Times found that its surveys in 2010 actually exhibited a slight bias toward Republican candidates.

Hat/tip to Talking Points Memo.

New Poll On New York Marriage Law

There is a new poll which asks Americans nationwide whether the legalization of marriage equality in New York state on July 24th is a positive or negative development. The results show that it depends on whether you are conservative Republican (and/or white evangelical Protestant) or not. If you are, you generally oppose it, if you're not you think it's a positive development.

Democrats and Republicans react in opposite ways to the new law, each facing stark internal divisions that may present challenges to building a winning coalition in 2012. Among Democrats, the divide is between the liberal base and those with conservative or moderate stripes. Liberal Democrats view the law positively by an overwhelming 74 to 25 percent margin. A smaller 54 percent majority of moderate and conservative Democrats say the same. Among African Americans, another loyal segment of the Democratic party coalition, more than six in 10 say the law is a negative development, while roughly one in three see it positively. Republicans broadly reject the law by a 2 to 1 margin, but alignment with the tea party movement complicates political calculations concerning the issue. More than seven in 10 Republicans who support the Tea Party movement view the New York law as a negative development.

This partisan divide in the electorate about marriage equality has been a frequent topic at this blog. Many people believe that the tipping point in favor of marriage equality becoming the law of the land has already reached.

Recently, researches at my alma mater have produced a model of conversion which indicates that when just 10% of a population has an implacable, unalterable position that view will eventually become the majority position, given enough time.

New York Marriage Update: State Senate Vote TONIGHT!

Finally! It appears as if the long-pending marriage equality bill will get an up or down vote on the floor of the New York State Senate tonight. A marriage equality bill has passed the lower house multiple times, most recently last week. Senate Majority Leader Dean Skelos had the power to smother the bill to death in the chamber he controls but has decided to just have the vote and get it over with.

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.

The text of the bill with the new religious exemption amendments has been publicly released and the coalition pushing for enactment of marriage equality in New York State (New Yorkers United for Marriage) has agreed to the language, which looks like:

10-B. RELIGIOUS EXCEPTION.

1. NOTWITHSTANDING 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 INCORPO RATED 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, BENEVO LENT ORDER, OR A NOT-FOR-PROFIT CORPORATION AS DESCRIBED IN THIS SUBDI VISION, 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, ACCOM MODATIONS, 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-PROFITCORPORATION OPERATED, SUPERVISED, OR CONTROLLED BY A RELIGIOUS CORPO RATION, 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.

2. NOTWITHSTANDING ANY STATE, LOCAL OR MUNICIPAL LAW OR RULE, REGU LATION, ORDINANCE, OR OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING IN THIS ARTICLE SHALL LIMIT OR DIMINISH THE RIGHT, PURSUANT TO SUBDIVISION ELEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OF ANY RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER ATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS ORGANIZATION, TO LIMIT EMPLOYMENT OR SALES OR RENTAL OF HOUSING ACCOMMO DATIONS OR ADMISSION TO OR GIVE PREFERENCE TO PERSONS OF THE SAME RELI GION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCULATED BY SUCH ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH IT IS ESTAB LISHED OR MAINTAINED.

3. NOTHING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO LIMIT THE PROTECTIONS AND EXEMPTIONS OTHERWISE PROVIDED TO RELIGIOUS ORGANIZATIONS UNDER SECTION THREE OF ARTICLE ONE OF THE CONSTITUTION OF THE STATE OF NEW YORK.

Although there are only 31 publicly announced votes in favor of marriage equality in the 62 member Senate, it has been rumored by several sources that there is an unannounced 32nd vote and Governor Andrew Cuomo has fought valiantly and powerfully to shepherd the measure through the legislature and promised to sign the measure into law, after which it will go into effect 30 days later.

Marriage equality opponents are expressing with displeasure their belief that the measure will pass the Legislature tonight. You can watch the New York State Senate vote live here.

If New York does enact marriage equality, the percentage of American citizens that live in jurisdictions where marriage equality is the law of the land will more than double from 16 million to 35 million.

UPDATE on NY Marriage Equality

The latest news from New York is that the legislative session has been extended to deal with three issues: rent control, property tax and, of course, marriage equality. The first two of the three issues have now been settled:

[State Majority Leader Dean] Skelos said he, Gov. Cuomo and Assembly Speaker Sheldon Silver are on board with agreements to extend the rent regulation law, restore a 421-A property tax abatement for city housing developers, SUNY 2020, a local property tax cap, and a mandate-relief package for localities.

Gay marriage, he said, will be conferenced once there is agreed upon language concerning religious protections. "I think we're going to have a real good concluding package," Skelos said.

Openly lesbian New York City Council Speaker Christine Quinn, who is one of the frontrunners to become the next Mayor of New York City following Anthony Weiner's resignation, has said that she expects a vote on marriage equality Wednesday or Thursday.

New York Assembly Passes Marriage Equality 80-63

Openly gay Assemblymember Daniel O'Donnell

For the fourth time since 2007, a marriage equality bill has passed the lower house of the New York State legislature, this time with a vote of 80-63 on Wednesday.

Gay City News reports:

This was the Assembly’s fourth vote on marriage equality, each one of them successful, since 2007. Upper West Side Assemblyman Daniel O’Donnell, an out gay Democrat, is the lead sponsor.

On the heels of two Republican senators pledging their “yes” votes in recent days, the majority in that chamber met behind closed doors for more than four hours on Wednesday morning, only to announce they would pick up the discussion again the following day. Senators who have yet to firmly commit to one side or another refused comment or stuck to their noncommittal positions.

The public count of Senate supporters stands at 31, one vote shy of a majority.

The Assembly floor debate offered a preview into the rhetoric that might soon be echoed in the Senate, as members voting yes made passionate speeches supporting equality and a largely tepid opposition raised concerns about infringement on religious values and the dangers of “redefining marriage.”


[...]


Supporters lined up to dismiss the standard opposition claim that marriage is a timeless institution that would be irreparably harmed by the governor’s legislation.

“It’s actually not true,” said Manhattan Assemblyman Dick Gottfried, who was the originating sponsor of marriage equality legislation, handing off that role to O’Donnell in 2007. “If we were to look honestly at what the institution of marriage was as little as a hundred years ago, we would be looking at an institution we scarcely recognize.”

Like several of his colleagues, Gottfried pointed out that the history of marriage included treating women as property and not allowing mixed-race marriages.

“It was all about property, it was all about hierarchy,” he said. “It was not at all about love.”

Hopefully the fourth time is the charm!

Roy McDonald Is 31st Public Vote for Marriage Equality

State Senator Roy McDonald (R-Rensselaer)

This is amazing news! I used to live in Troy, New York in upstate New York for 8 years while I was amassing my three degrees in mathematics at Rensselaer Polytechnic Institute from 1986-1994. Anywho, then my state senator was the notoriously homophobic (and corrupt) but very powerful Joseph Bruno who was the Republican Majority Leader and represented the "Capital District Tri-Cities" area of Schenectady, Albany and Troy. Bruno was indicted and convicted of corruption and replaced by State Senator Roy McDonald.

McDonald became the 31st State Senator (and 2nd Republican) to publicly announce his intention to vote Yes on marriage equality legislation pending before the New York state legislature.

The Times-Union has the deets:

Senator Roy McDonald, R-Saratoga, told the Times UnionTuesday that he will back a bill legalizing same-sex marriage. He becomes the 31st senator to proclaim his public support for the bill. It needs 32 votes to pass the Senate.

“I’m trying to do the right thing,” he said. “Rather than wait I worked with the governor…I’m not out to alienate anybody. This is driven by compassion.”

“My lifestyle is my lifestyle — I don’t want anyone telling me or my children what to do,” he said. “We’ve got 20 million people in this state…we can’t be paralyzed by social issues.”

“It’s my own evolution,” he said. “I think there’s going to be a vote on Friday.”

McDonald has been the subject of much lobbying on the issue of same-sex marriage, including a billboard on I-787 calling for his support. While he voted against the bill in 2009 and while an Assemblyman in 2007, he had hedged his position this year, as talk of legalizing same-sex marriage has once again intensified.

31 down, 1 to go! The still-undecided state Senators are:

 Stephen Saland  845-463-0840;
  Andrew Lanza  718-984-4073; 
  Greg Ball  845-279-3773;
  Kemp Hannon  516-739-1700;
  Charles Fuschillo  516-882-0630;
  Betty Little  518-743-0968  

It should be noted that these remaining undeclared State Senators signaled they were interested in voting for marriage equality (off-the-record) on Monday but are also all Catholic and will probably be targeted by religious extremists who do not understand that the Governor's proposed legislation is about civil marriage and has explicit exemptions for religious entities and individuals who do not want to sanction or solemnize same-sex civil marriages.

Gov. Cuomo Introduces Marriage Equality Act

As I mentioned yesterday, today Governor Andrew Cuomo of New York introduced the Marriage Equality Act (pdf) which would end discrimination in the issuance of civil marriage licenses on the basis of the gender of the couples.

The Office of the Governor's press release:

Albany, NY (June 14, 2011)

Governor Andrew M. Cuomo today submitted a program bill to bring marriage equality to New York state. The Marriage Equality Act permits all couples to enter into marriage in New York state, thereby removing the current barrier same-sex couples face in recognizing their relationships, protecting their families and obtaining essential benefits.

Specifically, the Act grants same-sex couples who seek to marry equal status under the law as well as hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex.

"From the fight for women's suffrage to the struggle for civil rights, New Yorkers have been on the right side of history. But on the issue of marriage equality, our state has fallen behind," Governor Cuomo said. "For too long, same-sex couples have been denied the freedom to marry, as well as hundreds of rights that other New Yorkers take for granted. Marriage Equality is a matter of fairness and legal security for thousands of families in this state – not of religion or culture. When it comes to fighting for what's right, New Yorkers wrote the book, and Marriage Equality is the next chapter of our civil rights story."

The U.S. Supreme Court has held that the freedom to marry is "one of the vital personal rights essential to the orderly pursuit of happiness by free people." Further, the state assigns hundreds of protections, benefits and mutual responsibilities in a variety of areas to couples who marry, including health care and hospital visitation rights, child custody issues and financial matters.

However, in New York, many individuals who currently seek to exercise the freedom to marry their partners may not do so solely because they are of the same sex.

The Marriage Equality Act would remove these barriers by amending New York's Domestic Relations Law to state:

• A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex
• No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage shall differ based on the parties to the marriage being the same sex or a different sex
• All relevant gender-specific language set forth in or referenced by New York law shall be construed in a gender-neutral manner
• No application for a marriage license shall be denied on the ground that the parties are of the same or a different sex

To ensure that the bill does not intrude into matters of religious belief, the Marriage Equality Act affirms that no member of the clergy can be compelled to solemnize any marriage. This bill grants equal access to the government-created legal institution of civil marriage while leaving the religious institution of marriage to its own separate and fully autonomous sphere. The bill also guarantees that religious institutions and benevolent organizations such as the Knights of Columbus remain free to choose who may use their facilities for marriage ceremonies and celebrations or to whom they provide religious services, consistent with their religious principles.

New York has always been at the forefront in advancing equal rights. In 1983, New York banned discrimination based on sexual orientation in state employment. In 2002, the state extended the same principle to the private sector by enacting the Sexual Orientation Non-Discrimination Act. That same year, the state recognized same-sex relationships by extending workers' compensation benefits to all those who lost a partner on 9/11. Passage of the Marriage Equality Act represents yet another significant step in granting full and equal rights to all citizens of New York state.

The Marriage Equality Act bill memo is available here. The bill text is available here.

This action is significant because Governor Cuomo had earlier said that he would not introduce a bill this session (which ends next Monday) unless it would pass.

There are currently 30 declared supporters  (29 Democrats and 1 Republican) of marriage equality legislation in the 62-member State Senate, which has passed the state Assembly 3 times. More announcements by Republican supporters are expected prior to a decision on whether a vote will occur on the bill by the Republican caucus on Wednesday June 15.

New TV Ad For Marriage Equality in New York

Since I lived in New York State for 8 years I stll pay careful attention to politics (especially LGBT politics) there. The battle to pass legislation to enact marriage equality in New York when the Governor, the lower House and as much as 58% of the general public support is fascinating to me. Republicans control the State Senate and they seem adamant about not allowing legislation to move forward. There are two weeks left of this legislative session, which ends JUne 20.

New Yorkers United for Marriage has released a second television ad which will start airing this week around the state.

Another Poll Confirms Supermajority For NY Marriage Equality

Another poll (Quinnipiac) has confirmed that there is a large majority of support for marriage equality in New York:

Support for legislation allowing same-sex couples to marry is 58 - 36 percent, higher than ever while statistically unchanged from 56 - 38 percent April 14. Support is 72 - 23 percent among Democrats and 58 - 34 percent among independent voters, while Republicans are opposed 64 - 34 percent. There is little gender gap: men support same-sex marriage 58 - 37 percent, while women back it 59 - 34 percent. 

The poll also illustrates the trendlines for support for equality have been increasing over time:

TREND: Would Do you support or oppose a law that would allow same-sex couples to get married?

SUPPORT... High Low Jun 02 Apr 14 Feb 24 Jan 27 Dec 16 Jun 02 Apr 15 2011 2011 2011 2011 2009 2011 2004 Support 58 56 54 56 47 58 37 Oppose 36 38 39 37 46 36 66 DK/NA 6 5 7 7 7 6 8

The question for State Senate Republicans is what side of history do they want to be on?

Vanessa Williams Is A New Yorker for Marriage Equality