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11/06/2009 09:25 PM

Same-Sex Marriage May Be Tough Sell For State Senate

By: Josh Robin

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Governor David Paterson has put same-sex marriage on next week's state legislative agenda, but proponents aren't so sure that Albany will pass it. NY1's Josh Robin filed the following report.

At Friday's ticker-tape parade for the Yankees, Governor David Paterson saw a metaphor between the ball field and the legislature.

"Legislation should be debated, and up or down, you win or lose, it's just like a baseball game," he said. "You come back and fight the next day."

Advocates for same-sex marriage may have to continue that long fight. Confidence appears to be fading that New York will soon join the list of states legalizing gay nuptials. It is replaced by a simple desire only to see, after years of stalling, the measure at least brought to a vote before the State Senate.

"I think the time's come. I think it's disrespectful for us not to have our lives debated on the floor of our New York State Senate," said Alan van Capelle of the Empire State Pride Agenda.

There's no requirement it will be. Paterson sets the agenda of what's called an "extraordinary session," but lawmakers can quickly table the issue, as was done during this summer's coup at gay rights groups' requests.

State Senate President Pro Tempore Malcolm Smith previously said he would only bring the bill to the floor if he had enough votes to have it passed. Stripped of power in the coup, Smith has now reversed himself.

"I'm hoping it comes to the floor. I'd like to see it come to the floor. I'll push for it to come to the floor," he said Friday.

It's not sure whether it will be allowed by Democratic Conference Leader John Sampson. A spokeswoman only said Sampson is trying to round up votes.

State senators don't face voters for another year, but still some are said to be resisting same-sex marriage because of what happened this election season. A voter referendum failed in Maine, while in New York's 23rd Congressional District, a nasty Republican schism occurred when a candidate who favors legalization was forced to abandon her race amid a conservative backlash. A Democrat ended up winning the seat.

"I am pretty sure that the result of that election are putting Republicans on the defensive," said Bronx Senator Ruben Diaz Sr.

Alan Van Cappelle disagrees, and remains optimistic he'll finally be able to marry. In any case, he and others say it's time to finally find out.