New York State Senate Votes Against Gay MarriageNew York Senate votes against legalizing gay marriage by a large margin, 38-24
By Kenneth Lovett
Daily News Albany Bureau Chief
ALBANY - In a major blow to the gay rights movement, the state Senate overwhelmingly killed a bill to legalize same-sex marriage on Wednesday.
After two-and-half hours of passionate debate, the Senate voted the measure down 38-24.
New York now joins a list of 31 other states, most recently Maine, to shoot down gay marriage.
None of the Senate's 30 Republicans voted for the measure.
Of the 32 Democrats, 24 voted for it, eight against.
Sen. Ruben Diaz (D-Bronx) noted that the five states that have approved gay marriage did so through legislation.
"When the people had the opportunity to vote [on a referendum], the people have rejected it, " Diaz said.
Advocates called the rejection disappointing but insisted it was just temporary set back. They vowed to continue fighting.
"The time is never right for civil rights - the economy, wars, the troubles we've had here in the Senate - but the paradox is it's always time to be on the right side of history," said Senate bill sponsor Tom Duane (D-Manhattan), the chambers's only openly gay member.
Others saw the vote as evidence of a shifting political landscape highlighted in the most recent elections.
Supporters and gay rights advocates, including Gov. Paterson, pushed for a vote even though it's fate was uncertain - a rare move in Albany, where legislation usually makes it to the floor only if its passage is guaranteed.
"This legislation would merely provide me and tens of thousands of New Yorkers equal rights in New York State," said Duane. "It would make me equal in every way to everyone in this chamber."
Sen. Eric Adams (D-Brooklyn) noted that many of the states used to permit slavery or outlawed interracial marriage.
"Because the numerical majority is in one place does not mean they are in the right place," Adams said. "We must lead."
"You don't have to be gay to respect the rights of those who are, he added.
Sen. Eric Schneiderman (D-Manhattan) argued that legalizing gay marriage does not hurt heterosexuals or religions.
"This is not about morality, because we can't legislate morality, ladies and gentlemen," he said. "But we can legislate justice."
Despite the fact that Democrats taking control of the Senate this year by a slim majority, Republican votes were always needed to pass the measure because not every Democrat backed the bill.
In the end, there were not enough GOP votes to make up for the eight votes that the Democrats lacked because of opposition among some of their members.
The Assembly has passed the measure three times, including shortly after midnight on Wednesday.
The state's highest court recently upheld the granting of benefits in New York by the state and Westchester County to same sex couples married legally in other states.
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This really really pissed me off. Damn religious nuts!