NY Gov Issues Order Protecting Public Employees On Gender Identity

Governor David Paterson of New York signed executive order No. 33 protecting state employees from discrimination based on gender identity on Wednesday.

The New York Times said:

Though state antidiscrimination law includes gay men and lesbians, it is silent on the issue of transgender people. And while Mr. Paterson’s order will not have the sweep of a statute enacted by the State Legislature because it will apply only to state agencies, gay and transgender rights advocates said it would be a first step toward including gender identity and expression protections in state law.

Advocates for transgender people have succeeded in winning broad antidiscrimination protections in a number of cities throughout the state, including New York, Buffalo, Albany and Rochester. But efforts to add similar protections to state law have so far fallen short. The Assembly has passed a transgender antidiscrimination bill, but the Senate has refused to vote on the issue.

Human Rights Campaign provided background information on the move:

An executive order prohibiting discrimination in state employment is the furthest extent to which any governor is able to exercise his or her executive power. Extending protections to private employees must be accomplished by the state legislature. New York joins eight other states in which an executive order, administrative order, or personnel regulation prohibits discrimination against public employees based on sexual orientation and gender identity: Delaware, Indiana, Kansas, Kentucky, Maryland, Michigan, Ohio, and Pennsylvania.

In addition, twelve states and the District of Columbia prohibit full employment discrimination on the basis of sexual orientation and gender identity: California, Colorado, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Nine more states, including New York, prohibit employment discrimination based only on sexual orientation. For an electronic map showing where employment non-discrimination stands in the states, please visit: www.HRC.org/State_Laws.

Now, the Governor says that the New York State Senate should hurry up and pass GENDA already (which would add gender identity or expression to the list of categories which private employers are prohibited from practicing discrimination).

Hat/tip Rod 2.0.

New York State Very Likely To Pass Marriage Equality Today

There is breaking news today on the effort to enact marriage equality in New York State. Last night the New York State Assembly passed the marriage equality bill (for the second time this year!) by a vote of 88-51 in a special session.

The New York Senate, acting in the same special session to deal with that state's $2 billion dollar deficit is now getting ready to debate their marriage equality bill, which will gladly be signed into law by Governor David Paterson.

Here's the official word:

"The Senate will reconvene in extraordinary session today at which time it intends to vote on the deficit reduction plan, Tier V pension reform, public authority reform, and marriage equality legislation.

Session is streamed live on the internet at http://nysenate.gov; the debate on marriage equality will be carried via satellite, with coordinates to be released later in the day prior to the bill being brought to the floor."

There are very good chances the bill will pass today. There is no ballot initiative process in New York State by which it can be repealed.

For more updates tune in to @adamjbink on Twitter.

New York Senate May Vote On Marriage Equality Today

Or not. Today the New York Senate is in a special session called by Governor David Paterson, who has called for the body to vote on a marriage equality bill (which has already passed the State Assembly) and pass it.

Paterson himself said that he was inspired by the Maine vote last week, which rescinded marriage rights for same-sex couples in that state.

"I think that the public referendum in Maine should inspire us that there's more work to do, more persuasion to be made, more understanding to be reached, and more sensitivity to be displayed, and those of us who have been a catalyst for marriage equality have to regroup and work harder," Paterson said, in an interview with Corey Johnson and Andy Towle.

Negotiations are expected to go into the wee hours of the night tonight as Democratic lawmakers decide whether to push for a vote or not. Advocates estimate that they have 25 votes to support marriage equality. They need about six more to ensure that the marriage equality bill can pass.

The Empire State Pride Agenda is also calling for a vote today:

It is time for the New York State Senate to take up the issue of marriage equality. Millions of gay and lesbian New Yorkers and their friends and families expect and deserve a vote on this matter in the State Senate.

This should not be a partisan matter. It should be a vote of conscience that occurs as soon as possible.

There are those who want to inject politics. There are those who want to delay. There are those who say that other issues are more important.

Of course, budget matters are important. But the reality is that there have always been budget problems in Albany and probably always will be.

What we are talking about now is a matter of fundamental human rights. Are gay and lesbians in the 21st Century in the progressive state of New York equal members of society, or are they second-class citizens? That is what is at stake.

Individual senators tell us all the time that they understand this – but now is the time for them to act as if they do. Now is the time for them to stand up and be counted.

All eyes are on Albany. With a true vote of conscience, senators can rectify inequality and injustice with a vote tomorrow.

Joe.My.God has a live video stream of the New York State Senate up at his blog.

NY Gov Says He Expects To Sign Marriage Bill Soon

New York Governor David Paterson said Thursday night at Empire State Pride Agenda's gala dinner in New York City that he expects the State Senate to pass a marriage equality bill in the next few weeks.

''No longer in New York'' will same-sex couples have to worry about insurance coverage, being allowed to visit each other hospitals, or whether they will be guaranteed the same rights as other married couples under law, he said.

[...]

More than a year ago, Paterson had framed the debate as a civil right long denied. But divisions among Senate Democrats earlier this year made approval unlikely after a few Democrats in the 32-30 majority objected to the bill on religious grounds.

Now, however, Senate Republican leader Dean Skelos of Nassau County says GOP senators won't be asked to vote against the measure in a bloc and are free to vote for the bill.

A leading advocate and bill sponsor, Sen. Thomas Duane of Manhattan, who is gay, has declined to comment on the issue this week. Senate Democratic majority spokesman Austin Shafran said there has been no head count of votes on the issue.

To the crowd, Paterson joked that if anyone in a same-sex relationship had put off conversations about marriage because it wasn't legal, ''you'd better leave now because marriage equality is coming to New York City.''

Same-sex marriage is legal in Massachusetts, Connecticut, Iowa and Vermont, and will start in New Hampshire in January. A referendum in Maine on Nov. 3 will determine the fate of a same-sex marriage bill passed by the Legislature in May.

Multiple Polls Show NY Support for Marriage

Hat/tip to Latino blogger Blabbeando who posted the above graphic (courtesy of "poll maven" Nate Silver of FiveThirtyEight.com) and analyzed two recent polls showing mjority support for marriage equality in New York state.

A Siena poll of 624 registered voters found that 53% of those polled supported Governor David Paterson's push for a marriage equality bill, while 39% opposed it.

A SurveyUSA poll of 500 registered voters sponsored by WABC-TV had a 49% to 44% margin of support.

[...]

Note to Reverend Ruben Diaz, Sr. and Luis Tellez: Among registered voters in both polls, Latinos in New York State support marriage equality by an overwhelming margin.

The Siena poll puts Latino support at 57% to 31% (a difference of 26 percentage points) while the SurveyUSA poll puts it at 53% to 38% (a difference of 15 percentage points).

I am struck not only by the fact that in both polls Latino support for the bill is not only higher than that of whites but that the negative numbers are so low.

I am heartened for my New York brothers and sisters that there is such supportive polling for marriage equality (and even happier that the Empire State does not have California's insane initiative process). I am also e

As I have said before, what is striking about these numbers is not the Black-white disparity in those who oppose marriage equality, it is the disparity between Republicans and Democrats.

However, I would note that this data should further put a nail in the coffin of the zombie meme that Blacks overwhelmingly oppose marriage equality. The average numbers in the latest polling data are 54 percent oppose, 39 percent in favor which is in line with more accurate analyses of Black public opinion (in the wake of California's Proposition 8) on this question has shown.

According to the numbers an average of 62 percent of Republican oppose marriage equality while a mere 58 percent of Democrats support it, barely different from Independents.

Also striking (as many people have pointed out previously) is the age disparity between those who oppose and support marriage equality. In this recent data, an average of 63 percent of those aged 18-34 support equal marriage rights (while only 29 percent oppose).

Now that is overwhelming support for equality and a harbinger of future gains.

POLL: Majority of New Yorkers Support Marriage Equality

The latest Siena College poll of New Yorkers shows majority support for marriage equality in the Empire State.

Alan van Cappelle, head of the Pride Agenda, released a statement on the poll which highlights the historic nature of the latest results:

Not only are a majority in favor of legalizing marriage for our families, these new numbers establish a clear trend of increasing support, year after year, every time Siena asks about this issue. In the past three years, Siena polling has shown support for marriage equality growing from 43% in 2007 to 46% last year to 53% this year and opposition dropping from 47% in 2007 to 40% last year to just 39% now.

Talking Points Memo DC analyzes the cross-tabs:

The numbers: 53% favor, 39% oppose, with a ±3.8% margin of error. The internals show all regions of the state (New York City, the suburbs and Upstate) support it by various margins.

Among religious sub-groups, only 41% of Protestants favor it to 53% against, Jews favor it 64%-32% -- and Catholics favor it by a 49%-41% plurality. In the racial cross-tabs, Whites are in favor 56%-36%, Latinos are for it 57%-31%, and African-Americans oppose it with 44% in favor to 49% against.

These numbers clearly support Governor David Paterson's efforts to have the New York State Legislature pass a bill ending the exclusion of same-sex couples from marriage.

NY Gov. Paterson Introduces Marriage Equality Bill

On Thursday New YorkGovernor David Paterson announced his introduction of a bill to end the exclusion of same-sex couples from marriage at a press conference attended by openly lesbian New York City Council Speaker Christine Quinn, New York City Mayor Mike Bloomberg, openly gay Assemblyman David O'Donnell and openly gay (and HIV+) State Senator Tom Duane.

Although Democrats control both house of the state legislature, there are a number of conservative Democrats that oppose marriage equality and do not support the legislation.

NY Gov Introduces Marriage Bill Thursday

New York Governor David Paterson is trying to ameliorate his appallingly low approval ratings by pushing the ball forward on marriage equality in the Empire State. Tomorrow Paterson will be re-introducing a marriage equality bill that passed the State Assembly in Summer 2007 but never received a vote in the then Republican-controlled State Senate.

According to TowleRoad:

Paterson said in radio interviews last Thursday that he wants public debate on the issue: "I’m going to put the bill out and just let people fight it out. If it loses, it loses. And let the parties on both sides have their say. Inevitably, the inertia is that the public will accept this."

Alan van Capelle of the Empire State Pride Agenda, whose Equality & Justice lobby day at the state capitol is coming up later this month, expressed concern about Paterson's strategy: "Why would you want people to vote on something that you knew wasn’t going to get passed? We’re not interested in making statements."

MadProfessah respectfully disagrees. It's not about making statements, it's about finding out exactly where every legislator stands on the issue. They can SAY that they support the bill in private to LGBT activists and accept campaign money from progressive forces but until they actually have to publicly reveal their position on actual legislation, we won't know the actual level of support for marriage equality in the New York State Senate.

A bill that passes the Assembly again (with more votes) and goes down in the Senate will show the momentum of the movement for equality. If Senate Majority Leader Malcolm Smith really supports marriage equality, he will bring up the bill again, until it passes.

NYT Op-Ed: Make NY The Next Gay Marriage State

For the second time in a week, the New York Times has editorialized in favor of passing legislation ending same-sex couples exclusion from marriage in New York State:

A Mission for Gov. Paterson

Gay men and lesbians across the country have had plenty to celebrate in recent days. Last week, the Iowa Supreme Court granted same-sex couples the right to marry. Days later, the Vermont Legislature agreed that that state should sanction same-sex marriage. Now, Gov. David Paterson of New York has restated his promise to push for this decent and important change in the marriage laws of New York State.

This is a basic civil right that has been denied to New York’s gay residents for too long. Many have been forced to go to Connecticut or Massachusetts for an official marriage certificate. If that is not enough of an argument for Mr. Paterson, it could also give him a much-needed political, as well as moral, win. The governor’s poll numbers are at historic lows, in part because people worry that he does not have enough discipline and backbone to succeed at Albany’s tough politics.

Mr. Paterson seemed to back into the subject of same-sex marriage, at first. Instead of a major news conference, which would have been fully justified given the importance of the moment, he mentioned his decision on a radio show as he was touring the state handing out stimulus money. He did, however, restate his view the next day while making it clear that it was time for his fellow Democrats in the State Senate to stop stalling and to prepare to put the issue to the floor — to be debated and then voted up or down.

This is a radical idea in Albany where a bill rarely gets to the floor unless its passage is assured. As Mr. Paterson noted in Rochester this week: “It’s like professional wrestling. You know who’s going to win before the match starts.” For that reason, some gay-rights advocates have expressed alarm about letting such an important bill get to the Senate floor before being assured that it would pass. They should take heart from what happened in 2007 when the Assembly did exactly that.

The same-sex marriage bill went to the Assembly floor that June with few predictions that it would pass. That brought out members, the press and staff members to watch one of the best and most pointed debates in recent memory. At one point, Assemblywoman Teresa Sayward, a Republican and devout Catholic from upstate, spoke of how she and her son had struggled with his identity as a gay man and how she had finally told him to be who he is, not who people wanted him to be.

Her story helped carry the vote, 85-to-61. This year, the Assembly is expected to pass a same-sex marriage bill by an even wider margin.

So far, Senate Majority Leader Malcolm Smith, who also supports same-sex marriage, has not warmed to the idea of a free debate and open vote on the issue. He needs all 32 Democratic votes and one Democrat — Senator Rubén Díaz Sr. of the Bronx — openly opposes the bill. But there are undoubtedly some Republicans who would favor such progress for the state. Mr. Smith’s spokesman has dismissed the idea of an open vote as “empty rhetoric.”

That is alarmingly backward. Mr. Paterson and Mr. Smith could both enhance their standing by getting this bill to the Senate floor and by encouraging a full public debate that should make New York the next state to legalize same-sex marriage.

I completely agree that one does not always have to wait until passage of legislation is assured before having the legislative vote and debate. That is the clear sign of a dysfunctional system.

NYT Prods NJ and NJ Towards Marriage Equality

Yesterday, the New York Times editorialized in favor of the bills pending in the two states (NY and NJ) in the Tri-State area with Democratic governors waiting to sign them into law.

The vote gave Vermont another important first. Although three other states — Massachusetts, Connecticut and Iowa — now allow same-sex marriage, the new Vermont law, which goes into effect on Sept. 1, made Vermont the only state to achieve that progress through legislative action rather than a court ruling.

Coming less than a week after the crucial ruling by the Iowa Supreme Court that extended same-sex marriage to a state in the nation’s heartland, and with bills to follow suit under consideration in several other state capitals, the welcome move by the Vermont Legislature adds a vital sense of momentum and democratic duty to this civil rights struggle.

Lawmakers in New York and New Jersey, in particular, have marriage bills pending and Democratic governors ready to sign them. There should be no further delay in enacting these measures.

Emphasis added by MadProfessah. I particularly like the use of the words "this civil rights struggle" in the context of marriage equality.

Married Same-Sex Couples in NY Threatened With Divorce

The New York Court of Appeals (the name of that state's highest court) has agreed to hear two cases that would determine whether same-sex couples who have been married in other jurisdictions can have those marriages recognized in New York. Previously, two lower court rulings and a directive by New York Governor David Paterson had made it clear that despite New York law preventing same-sex couples from getting married in their home state, if the couple got married in a jurisdiction in which it is currently legal (Canada, Connecticut and Massachusetts are all neighboring jurisdictions where same-sex civil marriage is currently legal) then those marriages would be "valid and recognized" in New York.

Law professor and fellow blogger Art Leonard of New York Law School took advantage of this "peculiar situation" in the law to get married on Monday March 30th:

This morning, my partner of 30 years, Tim Nenno, and I were joined in marriage at the Town Hall in Greenwich, CT. We were taking advantage of this peculiar situation now pertaining in our state of residence - New York. Same-sex couples cannot GET married in New York (see Hernandez v. Robles and the the failure of the State Senate to get with the program in 2007 after the Assembly passed the marriage bill), but we can BE married in New York (see Martinez v. County of Monroe and Governor David Paterson's directive to state agencies to recognize same-sex marriages lawfully contracted out of state).

Since the Connecticut Supreme Court (Kerrigan v. State) made it possible to get married within easy commuter rail traffic of New York City, we decided to take advantage of this opportunity in our 30th anniversary month. And it feels good to be able to refer to my partner of so many years as my "husband" and "spouse." Somehow it feels more accurate.

Additionally, Chair of Hunter College's Political Science Department Ken Sherrill and his partner Gerald Otte got married in Toronto, Ontario in 2006. They have been together since 1972 but their marriage and thousands of others are now threatened by the New York Court of Appeals decision to hear the appeal by the homophobic Alliance Defense Fund.

One case, Godfrey v. Spano, stems from the Westchester County executive’s 2006 decision to begin officially honoring out-of-state marriage licenses for gay couples the same way it did for heterosexual couples.

The other case, Lewis v. New York State Department of Civil Service, was filed after the department agreed in 2007 to begin recognizing out-of-state, same-sex marriages for the purpose of extending health insurance to spouses of public employees.

Brian Raum, senior legal counsel for the Alliance Defense Fund, said Tuesday that the group believed that the Court of Appeals would reverse the lower courts in both cases.

“We’re confident that we’re on the right side of the law,” he said. “The law in New York states it will not recognize marriages that conflict with public policy in New York. Since New York only recognizes marriage between one man and one woman, for any court to recognize same-sex marriage would be to recognize marriages that run contrary to New York law.”

Seems like this is a good place to watch the Fidelity video from the Courage Campaign's Don't Divorce Us campaign.