Oct 20, 2006  |  By: ELIZABETH A. PERRY  | COMMENTS     

New York gubernatorial candidate Eliot Spitzer (D) vowed to make gay marriage legal in the state at an Oct. 5 event sponsored by Empire State Pride Agenda, a bipartisan gay lobbying organization.

“This is not about government choosing winners or losers,” said Spitzer. “It’s about a government that recognizes the fundamental individual value of every single New Yorker.”

If elected governor in November, Spitzer would become one of the most prominent state politicians to advocate for legalization of gay marriage.

“We will not ask whether this proposition of legalizing same-sex marriage is popular or unpopular; we will not ask if it’s hard or easy; we will simply ask if it’s right or wrong,” said Spitzer.

Spitzer’s office declined a Blade interview request this week.

This past summer, the New York Court of Appeals decided that the definition of marriage as between a man and a woman was constitutional. The case was filed on behalf of 44 couples living in New York. The court ruled 4-2 in favor of continuing to limit marriage to heterosexual couples. The way is now paved for the ruling to be challenged in the state legislature.

“We must make same-sex marriage legal in New York State,” said Spitzer. “No New Yorker should be deprived of the right to marry the person of his or her choice, regardless of gender.”

Former state legislator John Faso (R), who is running against Spitzer, declined Blade interview requests. In a July 6 interview with the Washington Post, he said, “Same-sex marriage runs contrary to the religious traditions of millions of New Yorkers of all faiths.”

A poll released April 10, 2006 by the Empire State Pride Agenda, showed support for gay marriage has grown steadily in the past three years. The study, conducted by Global Strategy Group, was based on a random sample of telephone interviews from across the state each March. The results showed support for gay marriage at 47 percent in March 2004, 51 percent a year later and 53 percent in 2006. The percentage of New Yorkers who do not support gay marriage was 46 percent in 2004, declining to 42 percent in 2005 and 38 percent in 2006.

“New Yorkers have been thinking through this issue for three years now,” said Pride Agenda Executive Director Alan Van Capelle. “They’ve seen our families; they know we’re in loving, committed relationships and that many of us are raising children.”

New York would be only the second state after Massachusetts to legalize gay marriage if Spitzer gets his way and the legislature approves the unions. Massachusetts legalized gay marriage in 2004, Connecticut passed legislation allowing civil unions in 2005. California passed a marriage bill in 2005, but the measure was vetoed by Gov. Arnold Schwarzenegger (R). New Jersey is another contender in the gay marriage race, with a decision expected from the Supreme Court any day now. According to wire reports, Gov. Jon Corzine has stated that he will refuse to sign legislation banning gay marriage if the New Jersey Supreme Court decides to legalize it.

Dan Pinello, professor of government at the University of New York, said that if gay marriage passes in the state, “It would be the first time any state created same-sex marriage through legislative action and gubernatorial consent.”

Joseph Bruno, Republican majority leader of the New York State Senate, has publicly stated his opposition to gay marriage, but has moderated on some other gay issues. The New York Times recently reported that Bruno rescinded domestic partnership benefits for Senate employees and later reinstated them. He also supported the Sexual Orientation Nondiscrimination Act in 2002, saying that he had become “more enlightened” and that he wanted “to recognize that people have the right to live their lives as they see fit.”

Pinello said he thinks a gay marriage battle in the New York legislature would be a close call and that lawmakers would compromise in the form of civil unions, especially since the Democrats control the House and the Republicans control the Senate.

“When the Republicans are in control the most they will go for is civil unions,” he said.