
In an Exclusive Interview, David Paterson Handicaps the Fight For Marriage Equality
As the State Legislature hurtles toward its last two months in regular session for 2009 -- with enormous issues such as a bailout of the MTA still unresolved -- one remarkable development on the Albany scene has been the forceful emergence of Governor David Paterson as an advocate for making certain that a marriage equality bill, passed by the Assembly two years ago and expected to be approved again next week, receives a floor vote in the State Senate.
Although the governor was among the first elected officials in the nation to endorse gay marriage -- in 1994 -- his recent high profile on the issue has garnered considerable comment and controversy. The media has loudly speculated that Paterson's motivation is based on a need to shore up support in key parts of his constituency, given one recent poll that found his approval rating sagging at just 19 percent.
More jarringly, his posture has also drawn fire from fellow Democrats -- beginning with his insistence three weeks ago in an Ithaca radio interview that a Senate vote, up or down, was worth pursuing. That suggestion flies in the face of both Albany tradition and the game plan repeatedly articulated by Malcolm Smith, the Democratic Senate majority leader.
With Paterson's leadership on the issue highlighted on April 16 when he formally introduced a marriage equality bill into the Legislature and this week in a impassioned speech to 2,000 grassroots advocates in Albany for the Empire State Pride Agenda's Equality & Justice Day, Gay City News spoke exclusively to the governor on April 29 about how he handicaps the prospects for short-term success.
Paterson's April 8 radio interview appeared to catch advocates off guard. Asked that day about the chances of enacting a marriage equality law this year, the governor said of prospective action by the Senate, "We'll put a bill out and let the people decide one way or the other. Why can't people just debate the bill, vote on it, and it goes up or down?"
The reaction from at least one Senate Democrat was swift and harsh. Thomas Duane, the out gay sponsor of the bill the governor has since introduced, on April 10 told New York 1 News, "Say what you will about former Governor Spitzer, a blessing and a curse. However, working with him, we would have gotten this bill passed by now. We absolutely would have gotten this bill passed, and we would have had a strategy."
Yet just six days later, Duane was back on the same page with the governor, appearing at an April 16 Manhattan press conference with Paterson, Mayor Michael Bloomberg, out lesbian City Council Speaker Christine Quinn, Daniel O'Donnell, the out gay Upper West Side Democrat who steered marriage equality to victory in the Assembly two years ago (and told Gay City News, "I don't think the governor deserves any criticism"), and four members of Congress. The newly restored comity did not mean the governor had changed his mind on the wisdom of a Senate vote.
This week, Paterson, even as he acknowledged the longstanding Albany practice of only bringing sure winners to the floor, explained that forcing a vote is often the best route to success on "issues of conscience" like marriage equality.
"What we learned in the Assembly was that there were nine Assembly members who we didn't know would support the bill until they voted in favor of it," he told Gay City News. "And that is very common. Whenever the vote is taken, I believe you will see -- and it will be interesting to watch if this doesn't turn out to happen, whether there aren't three or four members of the Senate who will vote for it when they had not said they would."
As with the Assembly's 2007 marriage equality vote, Paterson, who was the Senate minority leader before being elected lieutenant governor in 2006, said that the Senate votes on hate crimes in 2000 and the Sexual Orientation Non-Discrimination Act in 2002 were also examples of fence-sitters coming down in favor only when the moment demanded a choice.
The governor later added, "The sooner the vote is taken, the sooner this will pass. What's the worst that can happen? That it will not pass, and we'll know who we need to focus our efforts on." Paterson argued that history provides ample cases of controversial measures going down to defeat, only to be resurrected triumphantly soon after.
Stepping up to a high profile was especially important at this point, he said, given the routing marriage equality proponents suffered in California last fall.
"I felt that so many advocates were so devastated by Proposition 8 that they didn't even know how to respond when marriage equality was being discussed as a political football in the battle over the Senate leadership at the end of last year," Paterson said, "and then it was being discussed that the governor wouldn't even introduce a program bill this year, and that's when I decided to put a stop to that discussion."
Still, doubts have lingered as to whether Paterson is now at odds with Smith over the bold challenge he issued on a marriage equality vote, as well as over other policy differences. At his April 16 press conference, which the majority leader did not attend, the governor opened by declaring, "What we have is not a crisis of issues, we have a crisis of leadership. We're going to fill that vacuum today. I'm going to put a stop to it."
But the governor insisted he and Smith understand each other's positions and roles on the marriage issue. "I'm not in the Senate," he said. " I have my work cut out for me running the executive branch. I am not trying to dictate the process."
Asked whether the majority leader has complained or appeared unhappy about his prodding for a vote, Paterson said, "No, and I see him all the time. [New York Post columnist] Fred Dicker has written the same column three years in a row that we're fighting, but he's never quoted a single named source."
At the same time, Paterson recalled that when he was the Senate minority leader, he and his caucus consistently asked that bills be brought to the floor. "We wanted to get a vote," he said. "We wanted to get people on the record." The governor is not counting heads in the Senate, but given his long history in that body he has a strong feel for its members.
"I think it is capable of passing it," he said. "I don't think the votes are there yet. Maybe they're three or four votes short, maybe more. But they can get there, and as evidence of that I would cite the growth from 40 to 85 votes in the Assembly in 2007. The percentage of votes we have now in the Senate is higher than it was two years ago at this time in the Assembly. And they didn't think they had a shot."
For now, the governor's lobbying of legislators is focused primarily on bailing out the MTA, which faces steep fare hikes and service cuts by the end of May if no action is taken in Albany. He also plans to focus in the near term on tax relief measures. But, once those issues have been addressed, Paterson said, he "absolutely" will be reaching out to senators to discuss marriage equality, along with issues like family leave and gun control.
Asked to comment on the harsh criticism former New York Mayor Rudy Giuliani, a potential opponent in the 2010 election, leveled at him over his push for marriage equality, the governor said, "I think he is living half a generation behind, thinking like people were in 1993 when he became mayor."
Then noting that Giuliani made his comments the same day a Siena NY poll showed that New Yorkers support marriage equality by a 53-39 margin, Paterson added, "The only thing worse than people who pretend not to like an issue because they think it will be expedient for them politically are people who pretend not to like an issue because they think it will be expedient for them politically and are wrong."
Asked to clarify a statement he made at the Equality & Justice Day gathering on April 28 suggesting that marriage equality opponents might suffer from "guilt" -- which got lively, though not favorable attention on some blogs -- the governor explained, "What I was saying was that people who are opposed are afraid -- and I think it is a valid point -- that when it becomes law they are going to have to do certain things, that their personal beliefs will be infringed on, but where was this same respect for personal beliefs when these leaders -- and they weren't primarily religious leaders, they were oppositional leaders -- failed to speak up when gay youth were victims of violence... They must have a profound sense of guilt for when the situation was worse than it is today and they never spoke up about it."
http://gaycitynews.com/site/news.cfm?newsid=20306863&BRD=2729&PAG=461&dept_id=568864&rfi=6
By: PAUL SCHINDLER
04/29/2009

