Field Report:

The Sound of Silence

They voted “no” on same-sex marriage, but 37 New York state senators remained silent on their reasons for opposing it.

By Sara Haile-Mariam
December 9, 2009

Sen. James Alesi, R-Fairport, center, talks to gay rights advocates in the Senate lobby at the Capitol in Albany, N.Y. (AP Photo/Mike Groll)

Last week, the New York State Senate voted down a bill 38-24 that would have legalized same-sex marriage. The opposition to the bill, made up of eight Democrats and the entire Republican caucus, came as a surprise to those who watched the deliberations. One by one, New York state senators embraced the opportunity to make impassioned speeches for equality.

In a speech that put her in the national spotlight, State Senator Diane Savino (D) discussed how the vote was about "the fairness of people who are of the right age, of sound mind, who choose to live together, share everything together, and want to be able to have the protection that government grants those of us who have the privilege of marriage and treat it so cavalierly in our society." Other same-sex marriage supporters enlisted the words of Martin Luther King, Jr., Thomas Jefferson, Nelson Mandela, and Harvey Milk to address how modern debates over same-sex marriage reflect historical views of social injustice.

But during arguably one of the most historic sessions of the New York state senate, 37 senators uttered only one word during the three-hour debate, "no." The only thing more stunning than the outcome was the silence that preceded it.

Scott Reiff, a spokesperson for Minority Leader Dean Skelos (R), insists, “A number of our members have spoken out since then and laid out their reasons for opposing this bill.” The fact that those arguments weren’t articulated until after the debate emphasizes how they were never concepts to be debated.

Only one state senator seemed comfortable vocalizing the reasons for his opposition. State Sen. Ruben Diaz (D) of the Bronx made a speech on the floor during the debate and another during roll call. Diaz, who has two brothers who are gay, spoke about everything but the issue at hand: the politics, Senate leadership, and the importance of his Bible. He insisted that the senate should “let the people decide” by putting the issue to a referendum vote, despite the fact that the state would have to change its constitution to do so.

Same-sex marriage, while not yet approved by the majority of Americans, is quickly gaining popular support, especially among young people. A recent study by the American Political Science Review found that in New York state, over 70 percent of 18-29 year olds support same-sex marriage, with overall support in the state hovering over 50 percent. When confronted with this statistic in an interview with Campus Progress, Diaz reiterated his belief “that people have the right to choose to support whatever they want, that’s what’s good about America.” But in making this statement, Diaz ignores the difference between supporting and legally preventing same-sex marriage. “The people have to speak what they believe,” Diaz says.

Al Benninghoff, president of Manhattan Young Democrats, an organization that spearheaded the New York Equality coalition, insisted that such popular support should translate into change instead of a disappointing vote in the state senate. Benninghoff takes issue with the vote and says that “those adverse to [gay marriage] should not have the right to deny people that choice.”

Diaz frequently mentioned in speaking with Campus Progress that 31 states that had “voted against” marriage equality. But the 1967 Supreme Court case Loving v. Virginia, which ultimately overturned anti-miscegenation laws, came at a time when upwards of 70 percent of Americans opposed interracial marriage. In the interview, Diaz says he resents the comparison. “To equalize what the Afro-American community went through with gay marriage is wrong,” Diaz says.

When Diaz was confronted in the interview with a reference to Frederick Douglass, civil rights leader from the 19th century, he simply asked, “Who?” several times. Finally, Diaz simply evaded the issue by noting, “I have to vote on legislation that’s put in front of me. So as a senator elected by my community, I will decide on legislation now in 2010. And that’s what I have to do. That’s what I’m concerned about. I cannot vote now from 1967.” But Frederick Douglass' advocacy on African American civil rights and women’s rights began long before 1967, and the spirit of his work continues today.

Mike Long, the chairman of New York’s Conservative Party, went on record weeks ago suggesting that Republican members who supported gay marriage “need not apply.” Given New York’s system of fusion voting, a practice that enables multiple parties to endorse the same candidate, this threat, stated in the middle of an election year, did not go unnoticed. As The Times New Union notes, “Two Republican senators, Kemp Hannon of Long Island and Frank Padavan of Queens, would not have won in 2008 without the votes they received on the Conservative Party line.”

Benninghoff is glad that the vote occurred and promised that New York Equality would shift their focus to “electoral process as opposed to issues advocacy.” Next year, when many state senators are up for re-election, political calculations surrounding no votes may just backfire. Jeremiah Frei- Pearson, a leader of Astoria for Obama and a vocal Queens activist, told Campus Progress that he is “seriously considering” running against one of the eight Democrats who voted no, State Sen. George Onorato (D). As of today, a Facebook Group urging him to run had already garnered 509 members. “Not only will history judge them but they will be judged by the voters,” Frei-Perason warned.

The truth is that legalizing same-sex marriage will not put an end to homophobia any more than legalizing interracial marriage has eliminated racism. Yet this debate is not about acceptance but ability, and the rights afforded to citizens of this country. Let's hope that the issue of same-sex marriage will no longer be met with silence.

Sara Haile-Mariam is the outreach and communications associate at Campus Progress.

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