GOP regains control of New York State Senate

As if the New York State legislature could not become more dysfunctional, two dissident Democrats joined Republicans who suddenly moved yesterday to topple state Sen. Malcolm Smith [D-Queens] as Senate Majority Leader.

State Sens. Pedro Espada, Jr. [D-Bronx] and Hiram Monserrate [D-Queens] caucused with their GOP colleagues across the aisle in what can almost certainly be described as a coup that resulted in state Sen. Dean Skelos [R-Rockville Centre] becoming Senate Majority Leader. Espada, who remains under investigation for alleged campaign irregularities and other allegations that stem from a non-profit he ran, and Monserrate, who was indicted earlier this year in connection with an alleged assault against his girlfriend, reportedly received backing from Upstate billionaire Tom Golisano. The fact remains, however, the coup immediately threw Albany into chaos as Democrats scrambled to make sense of the situation.

“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority," Smith's office said in a statement. "Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”

Governor David Paterson blasted the coup, and the Working Families Party issued a statement that "strongly" condemned Espada and Monserrate's actions.

Yesterday's events certainly confirm New York's dubious distinction as having the country's most dysfunctional legislature. It continues to be an immense embarrassment to those who arguably naively look to Albany to advance the people's agenda--and one of the most contentious issues that remains before legislators is a bill to extend marriage to same-sex couples.

Smith has repeatedly indicated he did not have enough support among his members to ensure its passage in the state Senate. Skelos said he would allow his colleagues to "vote their conscience." It remains more uncertain than ever whether the proposed legislation will even go before the state Senate. Let's hope these lawmakers actually put aside their own politically-motivated and woefully selfish agenda and actually do something on behalf of New Yorkers who have been disenfranchised for far too long. At this point, however, that may a woefully naive proposition.

Smith discusses New York marriage timeline at HRC dinner

An early taste of spring this weekend helped to temper the often bitter cold that has blanketed the five boroughs in recent weeks, but Senate Majority Leader Malcolm Smith's comments at the Human Rights Campaign's annual New York dinner on Saturday reminded activists, observers and pundits alike the issue of marriage for same-sex couples remains all too present in the state.

Smith, who assumed the helm of the state Senate last month after a handful of dissident Democrats had threatened to derail his election, said there are not enough votes in his conference to pass legislation that would extend marriage to same-sex couples. The Democrat-controlled state Assembly passed a bill former Gov. Eliot Spitzer introduced in 2007. Governor David Paterson and Smith himself have repeatedly reaffirmed their support of nuptials for same-sex couples, but the Senate Majority Leader's comments are a clear indication barriers remain in the push to extend marriage to gay and lesbian New Yorkers.

Smith's comments are similar to Mayor Michael Bloomberg's announcement at the HRC's 2005 New York benefit at the Waldorf Astoria his administration had decided to appeal Justice Doris Ling-Cohan's ruling in the Hernandez v. Robles case that concluded the state's ban on marriage for same-sex couples violated New York's Constitution. She issued her decision the day before, and the mayor's decision obviously upset many inside the banquet hall. The clear fact remains, however, the state is arguably much closer to the legalization of marriage for gay and lesbian New Yorkers than it has ever been before. Smith clearly needs to manage expectations as he leads his party through the economic crisis, the perennial budget battle and other pressing issues that face him and his colleagues in Albany and in their home districts, but his comments can be interpreted as a challenge to activists and their supporters to do what they need to do in order to ensure the bill has enough votes in the Senate.

Stay tuned!

WNYC's Brian Lehrer discusses future of marriage in Albany

The reported deal between presumptive New York State Senate Majority Leader Malcolm Smith and the so-called dissident "Gang of Three" to not introduce marriage legislation in exchange for their support would be nothing more than another example of political wheeling and dealing in Albany if it proves to be true. That said, it has certainly put the long-time supporter of marriage for same-sex couples in an extremely difficult position.

WNYC host Brian Lehrer moderated a segment on his show yesterday titled "The News from Albany" with the New York Daily News' Albany bureau chief Ken Lovett, El Diario opinion page editor Erica Gonzalez and myself. Attached is a link to the entire segment.

Democratic Senate leadership reportedly strikes marriage from legislative agenda

Politics is an all too cynical exercise here in New York and across the country. It often comes down to a series of politically advantageous compromises. And presumptive New York State Senate Majority Leader Malcolm Smith's decision to not introduce legislation to extend marriage to gay and lesbian couples in order to win over a handful of dissident Democrats who had said they would oppose his election reflects this reality.

I posted a story on EDGE New York earlier this afternoon that examines the decision more closely. It's safe to say activists will almost certainly have a lot to say about this reported decision.



An agreement reached between state Sen. Malcolm Smith [D-St. Albans] and a handful of dissident Democrats over his presumptive election as Senate Majority Leader has reportedly pushed marriage for same-sex couples off next year’s legislative agenda.

Businessman Thomas Golisano and Congressman Gregory Meeks convened a meeting between Smith, state Sens. Ruben Diaz, Sr., [D-Bronx] and Carl Kruger [D-Brooklyn] and Senator-elect Pedro Espada, Jr., [D-Bronx]-dubbed the "Gang of Three" by local media-in Manhattan on Thursday. Governor David Paterson also attended a portion of the three-hour meeting.

The New York Times reported Espada would become vice chair of the powerful Rules Committee, which decides which legislation will be introduced in the Senate.

"The meeting held today involved rules changes proposed by [Sen.] Smith which will result in Senate reform and the election of Malcolm Smith as [Senate Majority] Leader," Smith spokesperson Hank Sheinkopf said in a statement.

He did not say whether marriage was discussed during the meeting, but the Daily News reported Smith will not introduce a marriage bill. The newspaper added he would announce the legislation does not have sufficient support to pass in the Senate.

A Smith staffer who asked to remain anonymous declined to disclose to EDGE whether the announcement would provide political cover for the agreement the presumptive Senate Majority Leader reached with Diaz, Espada and Kruger to not introduce the bill. Democrats control both legislative houses and the governor’s office for the first time since the Great Depression. The Assembly passed a marriage bill in June 2007. And local activists remain confident the Senate will vote on the issue next year.

"We are still awaiting the final details of the announced state Senate leadership deal," Empire State Pride Agenda executive director Alan Van Capelle said in a statement released shortly after news of the agreement broke. "We would expect that any rumors that marriage equality was somehow a part of this deal are just that-rumors."

Smith has repeatedly expressed his support for marriage for same-sex couples. Marriage Equality New York executive director Cathy Marino-Thomas added she feels this position has not changed.

"We are awaiting confirmation from [Sen.] Smith that his promise to bring marriage equality to the Senate floor for a vote once there is confirmation that this bill as the votes to pass is a fact," she said. "In the meantime, we must continue to work to bring the New York State Senators to our side of this issue."