Legalizing same-sex marriage in N.Y. seems a matter of when, not if

GayMarriage.jpgIslanders Denis Hughes, third from left, and Michael Mulgrew, fifth from left, lend their prestige to a rally in support of same-sex marriage legislation.

STATEN ISLAND, N.Y. -- Despite intense opposition in some circles, same-sex marriage legality appears to be on the way to reality, with the only question being when it happens, not if.

That is the impression from rapidly shifting polls, the overwhelming acceptance of gay marriage by adults younger than 35 and the will of political leaders such as Gov. Andrew Cuomo.

The issue took center stage at a City Hall rally yesterday as labor leaders -- including the Staten Island heads of two powerful unions -- loudly proclaimed their support of same-sex marriage.

And while the matter is a state issue, with a vote in the Legislature tentatively set for next month, Councilman James Oddo (R-Mid-Island/Brooklyn) represents the shifting tide.

Oddo, who said he had been "unequivocally opposed" to same-sex marriage, said he is "emotionally moving in the direction" of supporting it. He said his change of heart springs from his friendship with City Council Speaker Christine Quinn, who is gay.

"I am probably not a 'no,' but I am not quite a 'yes,'" said Oddo, who has no legislative say in the matter. "The answers I used to give in the past [in opposition] seem to ring hollow now. But I was raised to believe marriage is a sacrament between a man and a woman. I had 18 years of Catholic education."

This as nationwide polling indicates a steady shift of Americans in favor of same-sex marriage, with 53 percent saying they support it, according to a Gallup poll earlier this month. The same poll showed that 70 percent of those 18 to 34 favor it, along with half of those 35 to 54. Among those 55 and older, 33 percent say same-sex marriage should be legal.

A same-sex marriage bill would again sail through the Democratic-controlled Assembly but could stall in the Republican-led state Senate -- making the votes of fence-sitters like state Sen. Andrew Lanza crucial.

Lanza (R-Staten Island), who has voted no in the past, has been meeting with proponents of marriage equality. He said he is still "weighing" what to do.

Cuomo, meanwhile, has made passage of such a measure part of his legislative agenda and has been talking it up, although he has yet to present an actual bill for consideration.

ALONG PARTY LINES

When it comes to the borough's elected officials, support and opposition to same-sex marriage breaks along party lines, with Democrats in favor and other Republicans, as well as Conservative Borough President James Molinaro, opposed.

Assembly members Lou Tobacco (R-South Shore) and Nicole Malliotakis (R-East Shore/Brooklyn) say they will vote against it.

Tobacco, who has voted no in the past, said his stance reflects the will of his constituents, from whom he has heard "loud and clear," he said, in the form of calls, e-mails and letters. Politics aside, he declined to say how he personally feels about same-sex marriage.

Ms. Malliotakis also is opposed, citing her Greek Orthodox faith.

"I don't believe we should be altering the existing definition of marriage," said Ms. Malliotakis. "But I have supported measures that support equal benefits [such as] health insurance and first-responder benefits for domestic partners."

Assemblyman Matthew Titone (D-North Shore), the Island's first openly gay elected official, and state Sen. Diane Savino (D-North Shore/Brooklyn) are longtime supporters of same-sex marriage and will vote for it again.

So will Assemblyman Michael Cusick (D-Mid-Island), who has voted for it in the past but cautioned a vote should not be held for "political reasons" if there is "no consensus to get it passed."

On that note, Lanza said politics is not a factor as he decides whether to switch from a no to a yes -- even though a vote in the affirmative could trigger a primary against him in the midst of the local GOP leadership fight this fall.

While Oddo, the dean of the borough's Council delegation, is undecided, his two colleagues are a firm no -- Councilman Vincent Ignizio (R-South Shore) -- and yes -- Councilwoman Debi Rose (D-North Shore), who chairs the Council's Civil Rights Committee.

Also opposed is Rep. Michael Grimm (R-Staten Island/Brooklyn), saying: "I believe, by definition, that marriage is between a man and a woman, just as President Clinton did in 1996 when he signed the Defense of Marriage Act into law, defining it as such."

As for Molinaro, while he opposes same-sex marriage, owing, he said, to his Catholic faith, he made a point of saying he is "fine" with civil unions.

Said Molinaro: "Some of my best friends are of the gay persuasion. I believe they should have the same legal rights as anyone, [like] the rights of inheritance, the rights of spouses. Two people can love and care for each other, as much as a man and a woman, in some cases, maybe even more."

UNION SUPPORT

Yesterday's rally was headlined by state AFL-CIO President Denis Hughes, a Staten Islander, who said: "We call upon our elected officials to enact legislation providing marriage equality for all citizens. The New York State AFL-CIO pledges to work aggressively to achieve this goal."

United Federation of Teachers president Michael Mulgrew, also an Islander, said: "What could be a more basic human right than being able to marry whom you choose? The UFT reaffirms its support for full marriage equality for all."

Also on hand were representatives of the Teamsters, the Retail, Wholesale and Department Store Union and Actors' Equity Association.

Earlier this week, the Communications Workers of America issued a call for passage of same-sex marriage legislation before the end of the legislative session in Albany, slated for mid-June.

"We are one of the most diverse unions in the state," said Vice President Christopher Shelton. "While our members come from many different backgrounds, we are united in our belief that all loving and committed New Yorkers should be able to marry the person they love."

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