Capital Tonight Poll: Senate split over gay marriage

Byline: Josh Robin
Story filed 6/2/2009
ALBANY, N.Y. -- Another three no votes and New York becomes another state that tries and fails to legalize same-sex marriage. That's the findings from the public survey of 62 senators Capital Tonight conducted Tuesday - three weeks before their legislative session ends.

"We're very confident in the fact that this bill is quickly going to crash and burn," said Jason McGuire of New Yorkers for Constitutional Freedoms. "They simply don't have the votes to pass same-sex marriage."

In all, 29 say no to Governor Paterson's bill to make New York the sixth state legalizing gay marriage. Twenty are in favor, all Democrats, mostly from the five boroughs. Nine are undecided, four of them Republicans, five of them Democrats. Four just won't say.

One of them is Rochester-area Republican Jim Alesi, who said while he knows his stance, he doesn't want to provide the magic 32 votes Democratic leader Malcolm Smith is requiring before the bill hits the Senate floor.

He said, "Since we haven't been receiving the kind of help that I think we should be accorded as members of the Senate from this new majority, that I'm not in any way, shape or form wanting to make it easy for him to decide whether he's going to bring that bill to the floor or not."

Advocates for the bill are still targeting undecided and even opposed legislators. They argue what these lawmakers say publicly may differ from how they plan to vote.

One statewide advocate even said he grows increasingly optimistic.

Alan Van Capelle of the Empire State Pride Agenda said, "If legislators were truly intent on voting no, then they wouldn't still be talking to the Empire State Pride Agenda, they still wouldn't be taking meetings with supporters of marriage equality in their districts. They're looking for a reason to get to yes."

But the most important vote-counter says the numbers are not there yet.

Senator Majority Leader Malcolm Smith said, "Until I have 32 votes I'm not bringing the bill to the floor. By my count, I don't have 32 votes."

Lobbying to reach 32 is growing star-studded. Sex and the City actor Cynthia Nixon wants to marry her partner of five and a half years. More big name pushing is expected before session's out.