New Yorkers: Do this for Marriage Equality New York!

http://www.meny.us/isupport.php

This is pretty simple... Please ask ten NY friends to each ask a further ten NYers today!

Marriage Equality New York is having trouble getting enough New Yorkers to sign the petition to support equal marriage rights for the LGBT community. It takes less than a minute to go to this site and fill out the petition. And the best thing is that it doesn't cost you a thing.

Here's the web site! Please pass it along to people you know.

http://www.meny.us/isupport.php

AGAIN, PLEASE TELL 10 FRIENDS!

--

Ron Zacchi

Lambda Legal Press Release on Godfrey v. Spano

Lambda Legal has issued the following press release on today's court victory:

New York High Court Upholds Government Benefits to Married Same-Sex Couples, Exhorts Legislature to Vote on Marriage

“With government protections secured this round in Lambda Legal’s cases, the ball is now in the State Senate’s court.”

(New York, November 19, 2009) – In a decision today, the New York Court of Appeals ruled that the State Department of Civil Service and Westchester County could extend government benefits to same-sex couples in out-of-state marriages. The ruling comes in cases in which Lambda Legal intervened on behalf of two married same-sex couples after the Alliance Defense Fund, an antigay legal group, tried to do away with longstanding New York law recognizing out-of-state marriages.

“This victory ensures that important spousal health coverage that same-sex couples need to protect their families will continue,” said Susan Sommer, Director of Constitutional Litigation at Lambda Legal. “The ADF has brought four different cases in New York against four different sets of government defendants. Twenty judges have ruled in those cases. All twenty have ruled against the ADF and in favor of the government and married same-sex couples. With government protections secured this round in Lambda Legal’s cases, the ball is now in the State Senate’s court.”

The Court expressed “our hope that the Legislature will address this controversy.” A four-judge majority ruled that the government defendants had discretion to extend benefits to domestic partners and could do so to married same-sex spouses as well. A three-judge concurrence said that the longstanding marriage recognition rule means that out-of-state marriages of same-sex couples are entitled to respect in New York. All seven judges on the Court voted against the ADF’s effort to block rights for same-sex couples in New York. The ruling leaves intact lower appellate court decisions confirming that out-of-state marriages of same-sex couples get legal respect in New York.

Lambda Legal intervened on behalf of two married same-sex couples who are affected by the decision. Peri Rainbow and Tamela Sloan, long-time public employees, intervened in the Lewis v. Department of Civil Service case, and are raising a special needs child adopted from foster care. The couple depends on the critical government protections that come from respect for their marriage. “We hope this is the last time we have to defend our marriage in court,” said Rainbow. “We just want to be able to continue using the health insurance that provides important medical benefits for our family.”

Lambda Legal also represents Westchester County couple Michael Sabatino and Robert Voorheis, who married in Canada and were permitted to intervene as defendants in the Godfrey v. Spano case.

For background on Godfrey v. Spano visit: http://www.lambdalegal.org/in-court/cases/godfrey-v-spano.html

For background on Lewis v. New York State Department of Civil Service visit: http://www.lambdalegal.org/in-court/cases/lewis-v-new-york-state-department-civil-service.html

Susan Sommer, Senior Counsel and Director of Constitutional Litigation, is handling the case for Lambda Legal. Jeffrey S. Trachtman of Kramer Levin Naftalis and Frankel LLP in New York is co-counsel.

The cases are Godfrey v. Spano and Lewis v. New York State Department of Civil Service, et al.

New York High Court: Same-Sex Couples Entitled to Benefits

The New York State Court of Appeals ruled today that legally married same-sex couples are entitled to public employee health insurance coverage and some, but not all, benefits provided to opposite-sex married couples (Yahoo! News). The lawsuit, which was brought by the Arizona-based Alliance Defense Fund, challenged the granting of those benefits by the New York State Civil Service Department and Westchester County, and was upheld in a lower court. The court declined to address whether the state must recognize same-sex marriage and urged the Legislature to settle the issue.

Gay rights advocates pointed out that the decision is the most recent in a series of wins that bolsters their case for the state Senate to approve the marriage equality bill passed by the Assembly earlier this year. The bill has been stalled in the Senate, which has promised to vote by the end of the year. Susan Sommer of Lambda Legal noted that 20 New York judges have ruled in favor of rights for same-sex couples. "It absolutely builds momentum," Empire State Pride Agenda Executive Director Alan Van Capelle said.

Judge Carmen Beauchamp Ciparick cautioned in a concurring opinion that problems would arise from the failure to address the larger question of recognizing same-sex marriages. "The effect of the majority's rationale in affirming these orders will be to permit an unworkable pattern of conflicting executive and administrative directives.... We ought to avoid the confusion that would arise from a same-sex couple considered legally married by one agency for one purpose, but not married by another agency for a different purpose."

What's In A Name?

Opponents of marriage equality may be misinterpreting the mixed results of election day, Steve Chapman writes on Real Clear Politics. While Maine's Question 1 passed on November 3, repealing the marriage equality law signed by the governor last spring, Referendum 71 passed in Washington, granting same-sex couples domestic partnership benefits that amount to "everything but marriage." This suggests that support for equal marriage rights increases when a name other than marriage is attached to it. Chapman also notes a clear generational shift in favor of marriage equality, which should give supporters of marriage equality added reason for optimism.

Campaign Launched to Overturn Prop 8

The campaign to overturn California's Proposition 8, which limits marriage to a man and a woman, began in earnest yesterday. Advocates are hoping to gather 1 million signatures to place an initiative on the ballot in 2010 to repeal the state's ban on same-sex marriage. If successful, California would become the first state in which voters approved the rights of gay people to marry (Reuters).

Updated Survey of Senators

New York 1 has updated its survey of the State Senate on marriage equality.

Call your state senator and Democratic Conference Leader John L. Sampson (District:(718) 649-7653; Albany: (518) 455-2788), and tell them that you want marriage equality to pass this year.

End of Tax Penalty for Same-Sex Couples?

The health care reform bill passed by the House last weekend excludes employer-provided health insurance benefits for domestic partners from an employee’s gross income, eliminating a tax penalty for same-sex couples. Coverage for spouses of different sexes is already excluded from an employee’s gross income.

It is uncertain whether this provision will be included in the Senate version of the bill. See The New York Times for more.

Survey Of State Senators Shows Gay Marriage Bill Still Faces A Battle

With the announcement Tuesday from members of the New York State Senate that they'll put same-sex marriage legislation to a vote before the end of the year, an exclusive NY1 survey of all 62 legislators suggests that supporters of the bill still face an uphill battle in their fight to get it passed.

NY1 previously polled members of the Senate in July.

Here is the overall breakdown, with 32 votes needed for the bill to pass:

Would Vote "Yes" 21 (All Democrats)
Would Vote "No" 6 (4 Republicans, 2 Democrats)
Undecided / Unavailable / Won't Say 35 (9 Democrats, 26 Republicans)

Here is the breakdown by senator:

Would Vote "Yes"

Eric Adams, D-Brooklyn
Neil Breslin, D-Delmar
Martin Dilan, D-Brooklyn
Thomas Duane, D-Manhattan
Pedro Espada, D-Bronx
Craig Johnson, D-Nassau
Jeffrey Klein, D-Bronx/Westchester
Liz Krueger, D-Manhattan
Velmanette Montgomery, D-Brooklyn
Suzi Oppenheimer, D-Westchester
Kevin Parker, D-Brookyn
Bill Perkins, D-Manhattan
John Sampson, D-Brooklyn [was "Undecided" in June]
Diane Savino, D-Staten Island/Brooklyn
Eric Schneiderman, D-Manhattan/Bronx
Jose Serrano, D-Bronx/Manhattan
Malcolm Smith, D-Queens
Daniel Squadron, D-Brooklyn/Manhattan
Toby Ann Stavisky, D-Queens
Andrea Stewart-Cousins, D-Westchester
Antoine Thompson, D-Buffalo

Would Vote "No"

Darrel Aubertine, D-Cape Vincent
John DeFrancisco, R-Syracuse
Ruben Diaz, D-Bronx
Hugh Farley, R-Niskayuna
Thomas Libous, R-Binghamton
Dean Skelos, R-Nassau

Undecided / Unavailable / Won't Say

Joseph Addabbo, D-Queens
James Alesi, R-East Rochester
John Bonacic, R-Mt. Hope
John Flanagan, R-Suffolk
Brian Foley, D-Suffolk
Charles Fuschillo, R-Nassau/Suffolk
Martin Golden, R-Brooklyn
Joseph Griffo, R-Rome
Kemp Hannon, R-Nassau
Ruth Hassell-Thompson, D-Bronx/Westchester
Shirley Huntley, D-Queens
Owen Johnson, R-Suffolk
Carl Kruger, D-Brooklyn [was "No" in June]
Andrew Lanza, R-Staten Island
William Larkin, R-Cornwall
Kenneth LaValle, R-Suffolk
Vincent Leibell, R-Westchester
Elizabeth Little, R-Queensbury
Carl Marcellino, R-Nassau/Suffolk
George Maziarz, R-Newfane
Roy McDonald, R-Saratoga
Hiram Monserrate, D-Queens
Thomas Morahan, R-Rockland
Michael Nozzolio, R-Seneca Falls
George Onorato, D-Queens
Frank Padavan, R-Queens/Bronx/Nassau
Michael Ranzenhofer, R-Amherst
Joseph Robach, R-Greece
Stephen Saland, R-Poughkeepsie
James Seward, R-Milford
William Stachowski, D-Buffalo
Dale Volker, R-Depew
George Winner, R-Elmira
Catharine Young, R-Olean
David Valesky, D-Oneida

By: NY1 News
Updated 11/11/2009 07:31 PM
http://ny1.com/content/news_beats/politics/108803/survey

Help Get MENY's Ads out in NYS!

More on Young People and Gay Marriage

Last week I wrote that gay marriage is a generational issue. I argued that over time, as generations shift, opposition to gay marriage will become a thing of the past, an anachronistic viewpoint that will one day be as dated as Don Draper's marriage. Today I noticed this handy illustration which bolsters my point (from Lisa Wade, via Matt Yglesias


Basically, the graph shows a significant difference in attitudes towards gay marriage between people aged 65 and over and younger demographics. The support gap between the oldest and youngest people surveyed is mostly between 20 and 30 percentage points. When viewed in the context of off-cycle elections, where older voters in much higher proportions than younger ones, then the data helps explain why the Maine vote failed last week.

Katie Connolly
http://blog.newsweek.com/blogs/thegaggle/archive/2009/11/09/more-on-young-people-and-gay-marriage.aspx

Activists rally in Goshen for gay-marriage rights

Goshen — The secret to a long and successful relationship?

Louise Houghtaling, 64, and her partner thought for a moment before answering.

"Well, communication is a big thing," Houghtaling began. "And acceptance and tolerance: We often tend to try to mold people into what we want instead of appreciating what we've got."

Such wisdom is hard-earned, and having learned many of the lessons, Houghtaling and her partner of 16 years, who asked not to be named, wanted what any other couple wanted — the right to have their relationship recognized by law. On the village square in front of them gathered a crowd of about 50 or so people, rallying for their cause.

"Here in New York, it is imperative that we insist on a vote on marriage equality in our state Senate," shouted Cathy Marino-Thomas, president of Marriage Equality New York. "We must not allow our civil rights to be postponed again."

Gov. David A. Paterson said Thursday that he would include gay marriage on the agenda of an extraordinary session he is calling for Tuesday, potentially setting up the first vote on the issue in the state Senate and a dramatic floor debate.

The rally Sunday was organized by Sam Sussman, a Binghamton college freshman and 2009 Monroe-Woodbury graduate, who has sparked life into the gay-marriage campaign in Orange County. Son of well-known civil rights activist Michael Sussman, the student has often called same-sex marriage the "civil rights" issue of his generation.

"The matter of human, civil, and equal rights cuts right through personal sexual orientation and goes directly to the heart of who we are as a people," he said.

The speakers included a short but outspoken list of Orange County progressives, including failed county executive and legislative candidates Pat O'Dwyer and Scott Schwartz.

Roy Paul, president of the Orange County Young Democrats and a Middletown school board member, compared discrimination toward gays and lesbians to that against blacks, Jews and other groups. "We all need to band together to say enough is enough," he said.

Theresa Piliero, a former Middletown resident and same-sex-marriage activist who is straight, lamented the small turnout on the square and emphasized the need for more non-gay citizens to support the cause.

"When we do nothing, that sends a message," she said.

By John Sullivan
Times Herald-Record
Posted: November 09, 2009 - 2:00 AM
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20091109/NEWS/911090316
jsullivan@th-record.com

Uncertain prospects for gay marriage bill in state Senate

Prospects for a gay marriage bill, back on Tuesday's state senate agenda after being stalled for months by Democratic infighting, remain murky, with leaders struggling to line up the votes.

Sources said negotiations are expected to go late into Monday night and Democratic leaders are mulling whether to put the bill to a floor vote without knowing what the final count will be, a highly unusual move in Albany, where most vote are carefully orchestrated.

“We need to know where they stand on this issue one way or the other,” said Cathy Marino-Thomas, board president of Marriage Equality New York.

Gov. David Paterson wants the bill passed and gay rights groups across the state have mounted an all-out lobbying effort, which will culminate today in candlelight vigils, including one in Union Square at 6 p.m.

The bill is unlikely to pass without Republican support, as Democrats hold a slim two-vote edge and a handful have already voiced opposition.

A spokesman for Sen. John Sampson (D-Brooklyn), the conference leader, said the senator supports the bill and is working with “members of both conferences on how to bring it to the floor and get it passed.”

The GOP leader, Sen. Dean Skelos, opposes it but has said he won’t tell his members how to vote.

One source close to the senate said prospects for passage have dimmed in recent weeks, as GOP members watched Dede Sozzafava, an upstate Republican congressional candidate, bow out of a special election in the face of a Conservative Party challenger angered, in part, by her support for gay marriage.

“There had been a lot of Republican votes — they may have evaporated,” the source said.

Another source, who worked with the Democrats during this summer’s leadership coup, said the upcoming session will be dominated by fiscal matters.

“Timing is everything in public life and right now they have other priorities,” said the source. “No one’s going to tell them that the budget doesn’t come first.”

AM-NY
7:22 PM By Jason Fink
http://www.amny.com/urbanite-1.812039/uncertain-prospects-for-gay-marriage-bill-in-state-senate-1.1574497

Extraordinary Senate Session Next Week

New York Governor David Paterson announced yesterday that he would call an extraordinary session of the State Senate on Tuesday, November 10, and he pledged that marriage equality would be on the agenda, according to The New York Times. Although it is uncertain whether the measure will actually come up for a vote, and what the outcome of a vote would be, this is a welcome and overdue sign of movement on the issue.

Call Democratic Conference Leader John Sampson, and ask him to make sure the Marriage Equality Act (S.4401) comes up for a vote. Contact your state senator and ask him or her to support the bill.

Governor Paterson issues proclamation putting marriage equality on the special session calender for the State Senate to address on November 10th

For Immediate Release: November 5, 2009
Contact: Marissa Shorenstein | marissa.shorenstein@chamber.state.ny.us | 518.474.8418 | 212.681.4640

GOVERNOR PATERSON ISSUES PROCLAMATION FOR EXTRAORDINARY SESSION OF LEGISLATURE FOR NOVEMBER 10


Proclamation Also Contains Legislative Agenda, Including State Spending Cap with Circuit-Breaker Property Tax Relief Program, Tier V Pension Reform, Public Authorities Reform and Marriage Equality

Governor David A. Paterson today signed a proclamation calling an extraordinary session of the Legislature to address the current-year deficit and additional legislation that was not finished at the end of session last June. In accordance with the proclamation, the Legislature will convene an extraordinary session on November 10 at noon.

In addition to Governor Paterson’s Deficit Reduction Plan (DRP), the extraordinary session proclamation contains eight legislative items to be addresses by the Legislature; including the Governor’s proposed cap on State spending which includes a circuit-breaker property tax relief program, structural reforms to the State pension system and public authorities reform.

“The time to act is now. The Deficit Reduction Plan, while painful, is necessary to keep our State afloat,” Governor Paterson said. “New York can no longer afford delays, and New Yorkers will no longer stand for delays. I have met with my colleagues in government and I understand and agree with the need to lessen the impact that these reductions will have on all New Yorkers - but the surest way to mitigate the pain is to act now.”

Governor Paterson’s two-year, $5.2 billion DRP would have a current-year impact of $3.2 billion in 2009-10 and a recurring impact of $2 billion in 2010-11. The components include across-the-board spending reductions and a tax penalty forgiveness program. The DRP also makes structural reforms to the pension system and proposes a cap on State spending, both of which would yield long-term taxpayers savings.

The full legislative menu submitted by Governor Paterson for Tuesday’s session includes:

-Implementing a deficit reduction plan to address the current-year budget gap and improve New York’s long-term fiscal stability;

-Capping the growth of State government spending to help control State expenditures and improve New York’s long-term fiscal integrity; and establishing a school tax circuit breaker tax credit and a Property Tax Circuit Breaker Reserve Fund to provide property tax relief to New Yorkers;

-Providing property tax relief through efficiency in local government by making it easier for municipal governments to form cooperative health benefit plans for their employees; facilitating highway shared services agreements among municipalities, and between municipalities and State agencies; allowing multiple counties to employ a single public health director; increasing the local competitive bidding thresholds on public works contracts; equalizing the treatment of collateral sources in tort actions against public employers and protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims; and authorizing the municipal bond bank agency to issue bonds, notes or other obligations to purchase bonds issued by municipalities to provide for public improvements afforded by the American Recovery and Reinvestment Act of 2009;

-Eliminating a statutory inconsistency that allows certain serious felons to become eligible for parole and medical parole earlier than intended;

-Providing same-sex couples the same opportunity to enter into civil marriages as opposite-sex couples;

-Enhancing penalties for operating a motor vehicle while impaired by alcohol, drugs or a combination of both while a child is a passenger in the vehicle, and expanding court-ordered use of ignition interlock devices;

-Reforming the pension system by creating a new tier of pension benefits (Tier 5) for certain newly hired State and local government employees;

-Reforming public authorities in New York State by increasing the transparency and accountability of authorities and their transactions and improving oversight of such authorities through the creation of an independent authorities budget office; and

-Establishing a municipal sustainable energy loan program to assist property owners in the installation of renewable energy and energy efficiency improvements.

###

Additional news available at www.ny.gov/governor/press
High resolution images available at
www.ny.gov/governor/mediaimages | password: paterson
New York State | Executive Chamber |
press.office@chamber.state.ny.us | 212.681.4640 | 518.474.8418

NYC RALLY TONIGHT

FOR IMMEDIATE RELEASE

NYC RALLY TONIGHT TO PROTEST MAINE ANTI-MARRIAGE VOTE AND DEMAND MARRIAGE EQUALITY IN NY

MEDIA CONTACT:
Ron Zacchi, Executive Director (646)660-1906 or ron@meny.us
Cathy Marino-Thomas, Board President (516)302-5198 or cathy@meny.us

New York: This narrow defeat will not define the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community, just as the passing of Prop 8 only propelled us forward as a nation in the marriage equality movement. We will continue to urge the New York Senate, in a rally today in Union Square at 5:30pm, to vote on and pass marriage equality legislation, so New York state can join other equal marriage states in lighting the path to equality for the United States.

The people of Maine have temporarily closed the door on Maine’s equal marriage law. The will of the people has been used again to take away equal rights from Maine's citizens and create a second-class citizenship. “We are very proud of the courageous couples, in Maine and throughout the United States, who stepped forward and offer the truth of their lives to move us forward in our quest to secure marriage equality for all LGBTQ couples,” said Ron Zacchi, Executive Director of Marriage Equality New York. “We may have had a setback in Maine, but polls confirm that we are winning in the court of opinion in this country. Equality advocates will eventually prevail as has always been the case throughout America's civil rights trials.”

We know that those who believe in justice and the freedom for all committed couples to marry will continue to work toward fair treatment for all families. Polls conducted in Maine reveal that there is a significant percentage of Maine residents who support marriage equality.

“Basic human rights shouldn’t depend on the popular vote,” said Marriage Equality New York’s, Cathy Marino-Thomas. “If civil rights required a majority vote first, history confirms that many states would not have voted to allow interracial couples to marry, women the right to vote, or to abolish slavery.”

“Despite the handful of states providing a number of protections for LGBTQ couples, most state and federal laws persist in denying LGBTQ families access to the hundreds of state rights and 1,138 federal rights, benefits and protections that come with a civil marriage license. This is creating a second class citizenry in direct violation of the equal protection guarantees contained in the U.S. Constitution,” said Marino-Thomas.

Please join us at a rally on Nov 4th in Union Square on 14th Street side at 5:30pm urging the NYS Senate to vote and in response to the votes on marriage equality across the United States.

Please join us on Nov 9, across NYS, as we hold candle light vigils as a pre-session reminder to the NYS Senate on why marriage matters. Go to Lighting the Way To Equality for a location near you.

Marriage Equality New York is an all inclusive organization whose mission is to secure the right of all LGBTQ (Lesbian, Gay, Bi, Transgender, Queer) couples to enter into legally recognized Civil Marriage with all the benefits and responsibilities that entails through education and promotion of awareness.

For more information go to http://www.meny.us.

Too Close to Call in Maine

With polls on Maine's Question 1 too close to call, The Bangor Daily News reports that volunteers on both sides of the fight over the marriage equality bill signed by the governor in May are highly energetic. With a number of controversial measures on the ballot, including referenda concerning medical marijuana and a taxpayer's bill of rights, turnout is expected to be higher than usual.

No matter where you live, you can call voters in the state and ask them to support equality for all Maine's families by voting No on 1.

Six Key Battlegrounds

An editorial in today's New York Times calls on voters and elected officials to vote for equality in six battles across the country: New York, New Jersey, the District of Columbia, Maine, Michigan, and Washington. Meanwhile in Slate, Jacob Weisberg predicts that same-sex unions will be recognized in every state within 10 years, largely due to "the pressures from couples who want to sanctify their relationships, obtain legal benefits, and raise children in a stable environment."

Three of these battles will be decided tomorrow. In Washington, Referendum 71 will ask voters to affirm a bill signed by the governor in May that granted same-sex couples the state-provided benefits that married heterosexual couples have. An initiative in Kalamazoo, MI, if passed, would overturn a measure unanimously approved by the City Commission that bars discrimination based on on sexual orientation or gender identity in housing, employment, and public accommodations. Finally, voters in Maine will decide Question 1, which asks them to block the marriage equality law signed by the governor in May. It's not too late to help defeat Question 1. Go to Call for Equality to call voters from home and ask them to support marriage equality for all.

In New York, the State Senate is expected to reconvene in the coming weeks for a special session. Governor David Paterson has pledged that the marriage equality bill (S.4401) will be the first item on the legislative agenda. Call Senate Majority Leader John Sampson to make sure the bill comes up for a vote. Call your senator and ask him or her to vote "yes."