Same-Sex Marriage and the Paterson Variable

ALBANY—It looks like David Paterson is determined to put same-sex marriage to a vote in the Senate, even if it means failure, because it will force lawmakers to go on the record. (This is not the tradition in Albany.)

The thing is, the failure of the legislation, if it comes to it, is pretty much assured: as the same-sex marriage advocates who poured money into Democratic campaigns in 2008 have found out, the 32-30 Democratic majority, which includes outspoken gay-marriage opponent Ruben Diaz Sr., is still incapable (if not actively unwilling) of mustering the votes.

No wonder Tom Duane, the sponsor of the same-sex-marriage legislation in the Senate, was less than enthusiastic about the governor's gesture.

Meanwhile, far from feeling pressured, some opponents of same-sex marriage see Paterson's move as an opportunity.

"Interest is piqued," said the Rev. Jason McGuire, legislative director of New Yorkers for Constitutional Freedoms, which has lobbied extensively against making same-sex marriage legal. "If the Democrats get too liberal too fast, they're going to ramp up efforts to retake the Senate."

McGuire said he expects national organizations like Focus on the Family to become more active in New York if same-sex marriage becomes a major issue. Democrats dispute that this will hurt them, obviously, but are also shying away from the political risks.

He also said, "The governor, I think, as his numbers continue to plummet, is looking for a win somewhere and I think he's looking to rally his base on this issue."

At least two Democratic senators—Darrel Aubertine and Ruben Diaz Sr.—have said they will not vote to legalize same-sex marriage. Aubertine, who was first elected in a special election in 2008, is considered to have a competitive race ahead of him.

Some more liberal members of the conference seem less concerned about the possibility of a backlash.

"The people of the state of New York made a very clear statement that they are not interested in maintaining the old Republican guard and the old Republican way of doing things in this State Senate, and that's why they put the Democrats in the State Senate, with a full understanding that our platform includes things like marriage equality for all," Senator Jose Serrano said by phone.

"I understand that everyone has a different position and opinion on this," he added. "But this will show that we as a conference have taken a progressive stand on an issue that the peple of the state of New York have also taken a strong stand."

Shams Tarek, a spokesman for the state Democratic Senate Campaign Committee, said the conference members are "going to expand their majority by focusing on the state's economy, creating jobs and undoing the fiscal damage done by 40 years of Republican rule."