Extraordinary Session - December 2, 2009

                                                            7592



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   December 2, 2009

        11                      10:46 a.m.

        12

        13

        14                 EXTRAORDINARY SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you.

        16                  The reading of the Journal.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In Senate,

        19       Tuesday, December 1, the Senate met in

        20       Extraordinary Session pursuant to adjournment.

        21       The Journal of Monday, November 30, was read

        22       and approved.  On motion, Senate adjourned.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Without objection, the Journal stands approved



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         1       as read.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Madam President,

         4       there will be an immediate meeting of the

         5       Finance Committee, followed by an immediate

         6       meeting of the Rules Committee in the Majority

         7       Conference Room, Room 332.

         8                  Pending the return of the Rules

         9       Committee, may we please stand at ease.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Thank you, Senator.

        12                  There will be an immediate meeting

        13       of the Committee on Finance in the Majority

        14       Conference Room, Room 332, immediately

        15       followed by a meeting of the Committee on

        16       Rules.

        17                  The Senate will stand at ease

        18       pending the return of the Committees on Rules.

        19                  (Whereupon, the Senate stood at

        20       ease at 10:48 a.m.)

        21                  (Whereupon, the Senate reconvened

        22       at 11:13 a.m.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The chair recognizes Senator Smith.



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         1                  SENATOR SMITH:    Thank you, Madam

         2       President.

         3                  Madam President, can we have order,

         4       please.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Order, please.

         7                  Senator Smith.

         8                  SENATOR SMITH:    Yes, Madam

         9       President.  Can we return to the order of

        10       reports of standing committees for the Rules

        11       Committee report.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Yes, Senator Smith, we will return to the

        14       order of reports from standing committees.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Senator Smith,

        17       from the Committee on Rules, reports the

        18       following bills:

        19                  Extraordinary Session Senate Print

        20       Number 3, by Senator Duane, an act to amend

        21       the Domestic Relations Law;

        22                  11, by Senator Savino, an act to

        23       amend the Civil Service Law;

        24                  12, by Senator Perkins, an act to



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         1       amend the Public Authorities Law and the

         2       Executive Law;

         3                  21, Senate Budget Bill, an act

         4       authorizing the Commissioner of Taxation and

         5       Finance;

         6                  22, Senate Budget Bill, an act to

         7       amend Chapter 50 of the Laws of 2009, enacting

         8       the Public Protection and General Government

         9       Budget;

        10                  23, Senate Budget Bill, an act to

        11       amend the Insurance Law; and

        12                  Extraordinary Session Senate Print

        13       Number 26, by the Senate Committee on Rules,

        14       an act to amend the Retirement and Social

        15       Security Law.

        16                  All bills ordered direct to third

        17       reading.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The chair recognizes Senator Smith.

        20                  SENATOR SMITH:    Thank you, Madam

        21       President.

        22                  And, Madam President, at this time

        23       I move that we adopt the Rules Committee

        24       report.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       All those in favor of adopting the report of

         3       the Rules Committee please signify by saying

         4       aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The report of the Rules Committee is adopted.

        11                  Senator Smith.

        12                  SENATOR SMITH:    Yes, Madam

        13       President.  At this time could we move to the

        14       reading of the Extraordinary Session Calendar

        15       Number 4.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The Secretary will read the substitutions.

        18                  THE SECRETARY:    On page 4,

        19       Senator Duane moves to discharge, from the

        20       Committee on Rules, Assembly Bill Number 3 and

        21       substitute it for identical Senate Bill Number

        22       3, Third Reading Calendar 8.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Substitution ordered.



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         1                  THE SECRETARY:    Calendar Number

         2       8, by the Assembly Committee on Rules,

         3       Assembly Print Number 3, an act to amend the

         4       Domestic Relations Law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Substitution ordered.

         7                  SENATOR LIBOUS:    Madam President,

         8       could you make it clear that we're doing

         9       substitutions right now and not the bill.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Yes, Senator Libous, we are substituting and

        12       we are not doing the bill at this moment.

        13       These are substitutions.  Substitutions have

        14       been ordered.

        15                  The Secretary will continue to read

        16       the substitutions.

        17                  THE SECRETARY:    On page 4,

        18       Senator Savino moves to discharge, from the

        19       Committee on Rules, Assembly Bill Number 11

        20       and substitute it for the identical Senate

        21       Bill Number 11, Third Reading Calendar

        22       Number 9.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Substitution is ordered.



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         1                  THE SECRETARY:    On page number 4,

         2       Senator Perkins moves to discharge, from the

         3       Committee on Rules, Assembly Bill Number 12

         4       and substitute it for the identical Senate

         5       Bill Number 12, Third Reading Calendar Number

         6       10.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Substitution is ordered.

         9                  THE SECRETARY:    On page 4,

        10       Senator C. Kruger moves to discharge, from the

        11       Committee on Finance, Assembly Bill Number 21

        12       and substitute it for the identical Senate

        13       Bill Number 21, Third Reading Calendar 11.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Substitution is ordered.

        16                  THE SECRETARY:    On page 4,

        17       Senator C. Kruger moves to discharge, from the

        18       Committee on Finance, Assembly Bill Number 22

        19       and substitute it for the identical Senate

        20       Bill Number 22, Third Reading Calendar 12.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Substitution ordered.

        23                  THE SECRETARY:    On page 5,

        24       Senator C. Kruger moves to discharge, from the



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         1       Committee on Finance, Assembly Bill Number 23

         2       and substitute it for the identical Senate

         3       Bill Number 23, Third Reading Calendar 13.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Substitution is ordered.

         6                  THE SECRETARY:    And on page 5,

         7       Senator Smith moves to discharge, from the

         8       Committee on Rules, Assembly Bill Number 26

         9       and substitute it for the identical Senate

        10       Bill Number 26, Third Reading Calendar 14.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Substitution is ordered.

        13                  Senator Smith.

        14                  SENATOR SMITH:    Madam President,

        15       at this time could we please move to the

        16       reading of Extraordinary Session Calendar

        17       Number 4.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The Secretary will read Extraordinary Session

        20       Calendar Number 4.

        21                  THE SECRETARY:    Calendar Number

        22       11, Assembly Budget Bill, Assembly Print

        23       Number 21, an act authorizing the Commissioner

        24       of Taxation and Finance to administer.



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         1                  SENATOR SMITH:    Madam President,

         2       is there a message of necessity at the desk?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Yes, Senator Smith, there is a message of

         5       necessity here at the desk.

         6                  SENATOR SMITH:    I move that we

         7       accept the message of necessity.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       All those in favor of accepting the message of

        10       necessity please signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The message of necessity is accepted.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Klein, to explain his vote.



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         1                  SENATOR KLEIN:    Thank you very

         2       much, Madam President.

         3                  I of course vote yes on this tax

         4       amnesty.  I just wish we would have done it a

         5       lot sooner.

         6                  Back during our original budget

         7       process, I advocated for a tax amnesty and

         8       showed that presently New York State has over

         9       $4.2 billion in outstanding tax arrears.

        10                  Other states have been a lot more

        11       successful, unfortunately, than New York in

        12       collecting well over 10 percent through tax

        13       amnesty programs.  So I'm happy we are doing

        14       it now.  We certainly need the money at this

        15       point.  It's supposed to generate over

        16       $250 million, which I think is a very

        17       conservative estimate.

        18                  But I hope, going into the next

        19       budget cycle, we become much more aggressive

        20       in collecting taxes.  I think we should post

        21       the names of those people who owe taxes over

        22       the Internet.  I think we should deny someone

        23       state professional licenses if they owe taxes.

        24       I think that aggressive approach will make



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         1       sure we get the uncollected tax revenue that

         2       we so badly need here in New York State.

         3                  I vote yes, Madam President.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Thank you.  Senator Klein to be recorded in

         6       the affirmative.

         7                  Are there any other Senators

         8       wishing to explain his or her vote?

         9                  Hearing none, announce the results.

        10                  THE SECRETARY:    Ayes, 62.  Nays,

        11       0.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  The Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       12, Assembly Budget Bill, Assembly Print

        17       Number 22, an act to amend Chapter 50 of the

        18       Laws of 2009, enacting the Public Protection

        19       and General Government Budget.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Smith.

        22                  SENATOR SMITH:    Yes, Madam

        23       President.  Is there a message of necessity at

        24       the desk?



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Yes, Senator Smith, there is a message of

         3       necessity at the desk.

         4                  SENATOR SMITH:    At this time I

         5       ask that we move to accept the message of

         6       necessity.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       All those in favor of accepting the message of

         9       necessity please signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The message is accepted.

        16                  Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Call the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Announce the results.

        24                  THE SECRETARY:    Those recorded in



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         1       the negative on Calendar Number 12 are

         2       Senators Diaz, Lanza and Padavan.  Ayes --

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator DeFrancisco.

         5                  SENATOR DeFRANCISCO:    I would

         6       just briefly like to explain my vote.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator DeFrancisco, to explain his vote.

         9                  SENATOR DeFRANCISCO:    You know,

        10       this process has taken it seems like forever

        11       to get here.  And, you know, I certainly don't

        12       believe it's the panacea of any deficit

        13       reduction bill that we could have obtained

        14       during open discussions and debate over the

        15       various provisions.

        16                  However, the reality is we have to

        17       cut the deficit, and if this is the best bill

        18       that could be put together by the Majority at

        19       this point in time, I think we have a

        20       responsibility to vote for it since we are

        21       going to be back into this discussion in much

        22       greater detail in a matter of about four to

        23       six weeks when the real problem develops

        24       during the next budget cycle.



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         1                  Also, I think if -- the school

         2       districts at this point in time have been not

         3       cut in the midyear like they begged us for.

         4       But if a school district at this point in time

         5       doesn't see the writing on the wall for next

         6       year and start planning immediately, then

         7       they're going to have a more serious problem

         8       next year than they otherwise would have.

         9                  So I'm imploring all of the school

        10       districts to understand the realities of life

        11       and to start planning now.  They dodged the

        12       bullet in a midyear cut, but next year is

        13       going to be something different, and they'd

        14       better operate as efficiently as possible.

        15                  Thank you, Madam President.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator DeFrancisco.  How do you

        18       vote?

        19                  SENATOR DeFRANCISCO:    I vote in

        20       the affirmative.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator DeFrancisco to be recorded in the

        23       affirmative.

        24                  Any other Senator wishing to



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         1       explain his or her vote?

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative are Senators Diaz, Lanza and

         5       Padavan.

         6                  Ayes, 59.  Nays, 3.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       13, Assembly Budget Bill, Assembly Print

        13       Number 23, an act to amend the Insurance Law.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Smith.

        16                  SENATOR SMITH:    Yes, Madam

        17       President.  Is there a message of necessity at

        18       the desk?

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Yes, Senator Smith, there is a message of

        21       necessity at the desk.

        22                  SENATOR SMITH:    Madam President,

        23       at this time I ask that we move to accept the

        24       message of necessity.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       All those in favor of accepting the message of

         3       necessity please signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The message of necessity is accepted.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on Calendar Number 13 are

        20       Senators Diaz, Lanza and Padavan.

        21                  Ayes, 59.  Nays, 3.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The bill is passed.

        24                  Senator Smith.



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         1                  SENATOR SMITH:    Madam President,

         2       at this time could we please stand at ease.

         3                  But I ask that the members stay

         4       close to the chamber because we will be at

         5       ease only a short time.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The Senate will stand at ease.

         8                  (Whereupon, the Senate stood at

         9       ease at 11:29 a.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 11:54 a.m.)

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Smith.

        14                  SENATOR SMITH:    Yes, Madam

        15       President.  At this time can we please move to

        16       continue the reading of Extraordinary Session

        17       Calendar Number 4.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The Secretary will continue to read Calendar

        20       Number 4, Extraordinary Session.

        21                  SENATOR LIBOUS:    What calendar

        22       number are we on, Madam President?

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       This is Extraordinary Session Calendar Number



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         1       4.

         2                  SENATOR LIBOUS:    Which bill on

         3       the calendar?

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       It is Calendar Bill Number 8.

         6                  SENATOR LIBOUS:    Thank you.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       8, substituted earlier by the Assembly

        11       Committee on Rules, Assembly Print Number 3,

        12       an act to amend the Domestic Relations Law.

        13                  SENATOR SMITH:    Madam President,

        14       is there a message of necessity at the desk?

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Yes, Senator Smith, there is a message of

        17       necessity at the desk.

        18                  SENATOR SMITH:    I move that we

        19       accept the message of necessity.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       All those in favor of accepting the message of

        22       necessity --

        23                  SENATOR DIAZ:    Lay it aside.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       All those in favor of accepting the message of

         2       necessity please signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Opposed?

         6                  (No response.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The message is accepted.

         9                  The bill is laid aside.

        10                  The Secretary will continue to

        11       read.

        12                  THE SECRETARY:    Calendar Number

        13       10, substituted earlier by the Assembly

        14       Committee on Rules, Assembly Print Number 12,

        15       an act to amend the Public Authorities Law and

        16       the Executive Law.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Read the last section.

        19                  THE SECRETARY:    Section 31.  This

        20       act shall take effect March 1, 2010.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 62.  Nays,



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         1       0.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The bill is passed.

         4                  The Secretary will continue to

         5       read.

         6                  THE SECRETARY:    Calendar Number

         7       9, substituted earlier by the Assembly

         8       Committee on Rules, Assembly Print Number 11,

         9       an act to amend the Civil Service Law.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Libous, to explain his vote.

        19                  SENATOR LIBOUS:    Thank you, Madam

        20       President.

        21                  I know there was a similar bill

        22       like this about five years ago that passed

        23       this chamber.  I'm voting no today, and the

        24       reason why I'm voting no is that just a few



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         1       moments ago we voted on almost $3 billion in

         2       cuts and reductions.  This bill, while it's

         3       said to be a cost savings bill, is going to

         4       give the Governor the opportunity to hire

         5       500 people.  And it's under the guise of cost

         6       savings.

         7                  I don't think the time for this

         8       bill is now.  We just spent a considerable

         9       amount of time over four weeks in trying to do

        10       a DRP.  We finally came to an agreement with

        11       our colleagues.  And to give the Governor the

        12       authority to hire 500 people when we just cut

        13       state agencies makes absolutely no sense to

        14       me.  There may be a time for this when we

        15       qualify and see what the savings is, but the

        16       time is not now.

        17                  I vote no.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Libous to be recorded in the negative.

        20                  Announce the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Calendar Number 9 are

        23       Senators Flanagan, Larkin, LaValle, Leibell,

        24       Libous, Maziarz, Nozzolio, Ranzenhofer,



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         1       Robach, Saland, and Volker.

         2                  Ayes, 51.  Nays, 11.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The bill is passed.

         5                  Senator Smith.

         6                  SENATOR SMITH:    Madam President,

         7       will you please recognize Senator Perkins.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Perkins.

        10                  SENATOR PERKINS:    Thank you very

        11       much, Madam President.  I just wanted to

        12       explain my vote on the public authorities

        13       reform bill.

        14                  First, I want to acknowledge that

        15       this is a very significant piece of

        16       legislation that I think speaks well to all of

        17       us.

        18                  And towards that end, I want to

        19       just acknowledge my colleague Assemblyman

        20       Brodsky for the wonderful work that he's done

        21       over the years in shepherding this bill not

        22       only on his side but helping us on this side

        23       do as well.

        24                  Then I have another colleague, the



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         1       former chair of this Committee on Corporations

         2       and Authorities, Senator Flanagan.  I want to

         3       thank him for the work that he's done in the

         4       past as the chair of this committee and

         5       working with this particular issue.

         6                  To my ranker, Senator Larkin, thank

         7       you for the support.

         8                  And then, most importantly, I want

         9       to acknowledge the leadership of the Senate

        10       Majority, Senator Sampson and Senator Smith,

        11       for the support that they've given me in being

        12       able to be the chair of this very important

        13       committee at this very important time.

        14                  There have been others that have

        15       been very important that I want to make sure I

        16       acknowledge because of the extraordinary

        17       amount of work that they have to suffer

        18       through with me, and that includes our central

        19       staff that has worked very hard.  And I'd have

        20       to of course acknowledge our counsels Shelley

        21       Mayer and Graham Ennis in that regard.

        22                  And then I have an extraordinary

        23       staff, including the counsel to my committee,

        24       Denise Outram.  We have a -- not an intern, a



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         1       fellow that has been working very hard on

         2       this, and I want to acknowledge Umair Kahn for

         3       the work that he's done, and to my staff in

         4       general.

         5                  You know, this, as I pointed out,

         6       is a very, very important piece of

         7       legislation.  I know that there have been some

         8       reservations.  I want my colleagues to know

         9       that this is just the beginning, it's not the

        10       end.  I think there's a lot more work that we

        11       can do.  I think that the public will be very

        12       happy about the work that we have started to

        13       do and of course that we will continue to do.

        14                  There obviously are some important

        15       highlights of this legislation that I'd like

        16       to just make note of.  For one, it's going to

        17       strengthen the power and independence of the

        18       Authorities Budget Office.  For two, invest

        19       the Comptroller with the authority to review

        20       contracts over $1 million.

        21                  It will increase the Senate

        22       oversight over the selection of the chief

        23       executive officers of the most significant

        24       public authorities.  It will define the



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         1       fiduciary duty of the board members, mandate

         2       public authorities to include legal,

         3       financial, and other professional service

         4       contracts to minority and women-owned business

         5       enterprises.  And it will ensure labor

         6       protections; that is, labor piece agreements

         7       for the development of hotels, convention

         8       centers, for lands controlled by public

         9       authorities.

        10                  There is obviously much more to

        11       this that I'd like to share with you, but

        12       nevertheless I want to thank everybody for

        13       their support.  I think that this speaks well

        14       to all of us.

        15                  Thank you so much.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator Perkins.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       14, substituted earlier by the Assembly

        22       Committee on Rules, Assembly Print Number 26,

        23       an act to amend the Retirement and Social

        24       Security Law.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Senator Smith.

         3                  SENATOR SMITH:    Yes, Madam

         4       President.  Is there a message of necessity at

         5       the desk?

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Yes, Senator Smith, there is a message of

         8       necessity at the desk.

         9                  SENATOR SMITH:    I move at this

        10       time that we accept the message of necessity.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       All those in favor of accepting the message of

        13       necessity signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The message of necessity is accepted.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator C. Johnson, to explain his vote.

         4                  SENATOR CRAIG JOHNSON:    Thank you

         5       very much, Madam President.

         6                  I rise to support the Tier V

         7       legislation, but I just want to clarify

         8       something for the record.  Because my concern

         9       is, notwithstanding the importance of this

        10       legislation, it seemed this legislation was

        11       brought upon us rather quickly in this

        12       process.

        13                  But I think it's important just to

        14       clarify for the legislative history that I've

        15       been advised by counsel that pursuant to this

        16       bill, with respect to the calculation of the

        17       20 percent maximum increase for total

        18       earnings, out of that 20 percent,

        19       15 percent -- that's 20 percent less

        20       5 percent -- can only come from overtime.

        21                  And that means that if an increase

        22       of total earnings is $20,000, $15,000 of that

        23       $20,000 can come from overtime.  The balance

        24       comes from contract raises, promotions and



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         1       other sources.

         2                  I'm also advised that the new

         3       Section 1203 in this legislation is not based

         4       solely on base salary but also on total

         5       earnings, is as currently the method of

         6       figuring the final average salary.

         7                  With those representations made to

         8       me and those advisements made to me with

         9       respect to the bill, I vote in favor of the

        10       bill.

        11                  Thank you very much.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator C. Johnson will be recorded in the

        14       affirmative.

        15                  Is there any other Senator wishing

        16       to explain his or her vote?

        17                  Announce the results.

        18                  THE SECRETARY:    Ayes, 61.  Nays,

        19       1.  Senator Thompson recorded in the negative.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  Senator Smith.

        23                  SENATOR SMITH:    Yes, Madam

        24       President.  At this time could we please stand



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         1       at ease again.

         2                  But I also ask members in the

         3       chamber to stay close to the chamber, as it

         4       will be a short ease.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The Senate will stand at ease.

         7                  (Whereupon, the Senate stood at

         8       ease at 12:03 p.m.)

         9                  (Whereupon, the Senate reconvened

        10       at 12:20 p.m.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Smith, we've completed the

        13       noncontroversial reading of Extraordinary

        14       Session Senate Calendar Number 4.

        15                  SENATOR SMITH:    Madam President,

        16       then at this time could we please move to the

        17       reading of the controversial calendar of the

        18       Extraordinary Session.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       If the Secretary would please ring the bells,

        21       members are asked to come to the chamber for

        22       the controversial reading of Extraordinary

        23       Session Calendar 4.

        24                  The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       8, substituted earlier by the Assembly

         3       Committee on Rules, Assembly Print Number 3,

         4       an act to amend the Domestic Relations Law.

         5                  SENATOR DIAZ:    Explanation.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Duane, an explanation has been

         8       requested.

         9                  SENATOR DUANE:    Thank you, Madam

        10       President.

        11                  Madam President, this legislation

        12       would merely provide me and tens of thousands

        13       of other New Yorkers equal rights in New York

        14       State.  It would provide me with the exact

        15       same rights that you have, Madam President,

        16       and that each and every member of the New York

        17       State Senate presently has.  It would make me

        18       equal in every way to everyone else in this

        19       chamber.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Diaz.

        22                  SENATOR DIAZ:    On the bill.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Diaz on the bill.



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         1                  SENATOR DIAZ:    Thank you, Madam

         2       President.

         3                  And ladies and gentlemen, members

         4       of the New York State Senate, today we have

         5       come to a day that none of us maybe would like

         6       to be part of.  This is a day where we decide

         7       a very serious and a very important issue for

         8       the whole State of New York.

         9                  Same-sex marriage, their sponsors,

        10       their supporters and their community has spent

        11       a lot of money, a lot of time, a lot of effort

        12       to come to this day.  Last year they raised a

        13       lot of money from mostly of every single state

        14       in the nation to contribute to members of the

        15       Democratic Party to take away the Republican

        16       Party's strong position against gay marriage

        17       and to be sure that the Democratic Party come

        18       to power.

        19                  So in order to get to this day, as

        20       I said before, they raised a lot of money.

        21       And there was commitments made.

        22                  I could talk to you about two

        23       commitments made by the leader of this

        24       chamber, Malcolm Smith.  There was a



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         1       commitment made to the followers or supporters

         2       of same-sex marriage, and there was a

         3       commitment made to me.  Those commitments have

         4       been -- none of them were kept.

         5                  And to play with people's emotions

         6       and to don't comply with what you promised is

         7       wrong.  It is wrong, it's not leadership, it's

         8       treason.

         9                  So today is a very serious day.  So

        10       let me talk to you about the irony of the

        11       whole situation.  The Republican Party, when

        12       they were in control, the members of the

        13       Senate, the Republicans, when they were in

        14       control for 42 years, they never allowed this

        15       to happen.  Now that they lost the majority

        16       and became the minority, everyone is depending

        17       on them to make this happen.

        18                  Yes, ladies and gentlemen of the

        19       State of New York, listen carefully to what

        20       I'm saying.  For this legislation to pass, it

        21       is the Republican Party, the one that a lot of

        22       money was spent to get them out of power, to

        23       produce the votes, the necessary votes for

        24       this to pass.  So people are asking to the



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         1       other side of the aisle:  We took you out, we

         2       spent money against you.  Now we need you.

         3       Help us.

         4                  Don't get confused.  This is a

         5       Democratic agenda pushed by the Democratic

         6       Governor, a Democratic Senate President,

         7       Malcolm Smith, Senate President John Sampson.

         8       And this Democratic agenda needs Republican

         9       support to pass.

        10                  The reality is that it has been the

        11       Republican Party with their -- the Republican

        12       Party and their family values, it has been the

        13       Republican Party with their moral values, and

        14       it has been the Republican Party with their

        15       family values that for years and years has

        16       been kept these values in the whole nation

        17       alive.

        18                  Now -- but now they are being asked

        19       to throw away their values, to throw away

        20       whatever they have been doing in the whole

        21       nation and whole world to keep family values

        22       and moral values, traditional values, and to

        23       produce the necessary votes for this to pass.

        24                  Same-sex marriage between a man and



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         1       a man and a marriage between a woman and a

         2       woman is not only opposed by us evangelicals.

         3       There are many of those that think and believe

         4       it is only us evangelicals that want to oppose

         5       same-sex marriage.

         6                  All the major religions in the

         7       world also oppose it.  The Jewish religion

         8       oppose it.  The Muslim religion oppose it.

         9       The Catholic religion oppose it.  As a matter

        10       of fact, just a few days ago the Catholic

        11       bishops of New York released what they called

        12       the "Manhattan Manifesto" in which they are

        13       expressing their opposition to same-sex

        14       marriage.

        15                  And not only the evangelicals, not

        16       only the Jews, not only the Muslims, not only

        17       the Catholics, but also the people of the

        18       nation oppose it.  In 31 states of the

        19       nation -- Madam President and ladies and

        20       gentlemen -- 31 states of the nation, the

        21       majority of the states in the nation that the

        22       people have gotten the opportunity to vote for

        23       this issue, the people have rejected it.

        24                  Alabama, Alaska, Arizona, Arkansas,



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         1       California, Colorado, Florida, Georgia,

         2       Hawaii, Idaho, Kansas, Kentucky, Louisiana,

         3       Maine -- just did it -- Michigan, Mississippi,

         4       Missouri, Montana, Nebraska, Nevada,

         5       North Dakota, Ohio, Oklahoma, Oregon,

         6       South Carolina, South Dakota, Tennessee,

         7       Texas, Utah, Virginia, and Wisconsin.  The

         8       majority of the people in the nation has

         9       opposed, by their will, same-sex marriage.

        10                  Only five states out of the 50

        11       allow same-sex marriage.  This is because they

        12       have legislation that allow same-sex marriage.

        13       In order for those five states to get this

        14       done, it has to be through some politicians or

        15       some judges.  The people never, in any

        16       state -- people have rejected it.  People are

        17       opposed to it.  But let's find some

        18       politicians.  Let's put some politicians in

        19       power so those politicians, or governors, so

        20       they could put some judges so they would do it

        21       to them.

        22                  But we take it to the people, the

        23       people don't -- oppose that.  So let's do what

        24       Mayor Bloomberg did.  Let's go against the



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         1       will of the people by doing through

         2       politicians and do away with the people's

         3       will.  And that is wrong.  And that is wrong.

         4       Let the people decide.

         5                  The State of Massachusetts, they

         6       have same-sex marriage because the court did

         7       it, not the people.  The State of Connecticut,

         8       they have same-sex marriage because the court

         9       did it, not the people.  The State of Iowa,

        10       they have same-sex marriage because the court

        11       did it.  The State of Vermont, they have

        12       same-sex marriage because the legislature did

        13       it.  And the State of New Hampshire, they have

        14       same-sex marriage because the legislature did

        15       it.  But they're not the people.  Let's get

        16       some legislation, let's get some people do it.

        17                  So I say let the people decide.  Do

        18       it in a resolution.  Let the people decide

        19       with it.

        20                  Ladies and gentlemen of the State

        21       of New York, I conclude by saying if you put

        22       this issue before the voters in a referendum,

        23       the voters will reject it.  So they have to

        24       raise money to elect legislators and governors



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         1       that when in power will do away -- and as I

         2       said before, will do as Mayor Bloomberg did,

         3       do away with the will of the people.

         4                  So I call on you, ladies and

         5       gentlemen, members of this body, members of

         6       the Republican Party:  Remember your roots,

         7       remember your values, remember your stand on

         8       family values, traditional values, moral

         9       values.  Go back to your defense of the

        10       traditional values.

        11                  Join me.  Join me, a Democrat, join

        12       me, a Hispanic, join me, a Puerto Rican, join

        13       me, a black and minority, join me, a Democrat

        14       from the City of New York in saying no to this

        15       legislation.  And let's one day in the future

        16       bring it in a referendum to the people to the

        17       people of the state.

        18                  I thank you, Madam President.  I

        19       believe this is not easy to you guys.  But my

        20       anger and my disappointment is not with the

        21       gay community, it's with my leadership of this

        22       body.  They have not been straight with me,

        23       they have not been straight with Tom Duane,

        24       they have not been straight with people.  And



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         1       that way we come to a point when we're voting.

         2                  So this is the day that the Lord

         3       has made.  This is the day that we have to

         4       decide in something that affects a lot of

         5       people and something that is important to

         6       people -- important to me, important to Tom

         7       Duane, important to some of you, important to

         8       the whole State of New York and to the nation.

         9                  God bless all of you, and thank

        10       you.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you, Senator Diaz.

        13                  Senator Schneiderman.

        14                  SENATOR SCHNEIDERMAN:    Thank you,

        15       Madam President.

        16                  Senator Diaz just said this is a

        17       vote many people didn't want to come.  For

        18       many of us, this is a vote that we have been

        19       waiting for.  This is a vote that we came here

        20       to take.

        21                  And I believe that this is not like

        22       every other vote we take, because I think this

        23       is a vote that is not about morality and is

        24       not about religion, because this doesn't



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         1       affect any religious institution, as I'll

         2       discuss.  And this is not about morality,

         3       because you can't legislate morality, ladies

         4       and gentlemen.

         5                  But you can legislate justice.  And

         6       this vote today, in my view, is about whether

         7       or not the members of the New York State

         8       Senate here today are going to participate in

         9       and step up to the challenge of being

        10       representatives of the American people.

        11       Because to me, this is very much about the

        12       essence of the United States of America.

        13                  What made us different from every

        14       other country that existed before was a

        15       commitment to an ideal that had never been

        16       advanced before.  These are the words that

        17       launched us:  "We hold these truths to be

        18       self-evident, that all men are created equal,

        19       that they are endowed by their Creator with

        20       certain inalienable Rights, that among these

        21       are Life, Liberty, and the pursuit of

        22       Happiness."

        23                  Great words.  But all of us know

        24       that the facts on the ground, as we now say,



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         1       did not support these words when the

         2       Declaration of Independence was written.

         3       Slavery was widespread, women couldn't vote,

         4       in many places could not own property.  Jews

         5       and other non-Christians suffered under a

         6       whole array of discriminatory disability laws.

         7                  So some people say the Declaration

         8       of Independence was a lie, that the words were

         9       a sham.  But I know that offends many of my

        10       most conservative colleagues, to say the

        11       Declaration of Independence wasn't true.

        12                  And I have to say here today,

        13       unequivocally, I agree with you, that is

        14       offensive.  Because for me, all of American

        15       history supports the notion that our mission

        16       as a nation is to make those words ever more

        17       true, to expand the vision of a nation in

        18       which all are created equal.

        19                  It took until 1848, in the great

        20       town of Seneca Falls, for a group of women to

        21       issue a declaration declaring that all men and

        22       women are created equal.  It took until 1865

        23       for the 13th Amendment to the Constitution to

        24       outlaw slavery.  And every generation is



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         1       called to step up to this challenge of

         2       participating in the quintessentially American

         3       work of making Thomas Jefferson's words ever

         4       more true.  And today we are challenged to

         5       join this great tradition.

         6                  This is not a matter of religion,

         7       this is a matter of equality.  Same-sex

         8       couples can already get married.  Connecticut,

         9       Massachusetts, Vermont, Canada are right next

        10       door.  There are same-sex couples living in

        11       New York State now who are married.  But gay

        12       New Yorkers cannot get the same treatment in

        13       the secular government offices authorized by

        14       us, authorize by the government of the State

        15       of New York, that they can get in Connecticut,

        16       Massachusetts, Vermont, and Canada.

        17                  Senator Duane is treated equally to

        18       the rest of us in those states.  But he is not

        19       treated equally in the county clerks' offices

        20       and the courts and the administrative agencies

        21       of the State of New York.

        22                  This bill does nothing to take

        23       anything away from heterosexuals.  For better

        24       or worse, our rights to marry stay the same.



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         1                  And we know, because they've had

         2       marriage equality for five years in

         3       Massachusetts, and we know what happens when

         4       you pass it.  No religious institution is

         5       affected.  Churches, mosques, synagogues,

         6       temples continue to perform only those

         7       ceremonies that comport with their beliefs and

         8       traditions.  Our discrimination laws stay the

         9       same.  Our human rights laws stay the same.

        10                  In Massachusetts in five years

        11       there has not been one challenge to a

        12       religiously affiliated organization for

        13       denying rights to a same-sex couple.  It just

        14       doesn't happen.  This myth that this is going

        15       to affect religious institutions is a myth.

        16       The facts do not support it.

        17                  All this bill says is that in the

        18       county clerks' offices of our state and the

        19       courts of our state, in the administrative

        20       agencies that we authorize, that we create,

        21       that enforce the 1324 laws and rules that

        22       define the scope of their reach with the term

        23       "marriage," for the first time all men and

        24       women will be created equal.



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         1                  That is all this bill does.  It

         2       recognizes that we're not better than Senator

         3       Duane.  He is our equal.  We're not better

         4       than any of our gay brothers or sisters.

         5                  So, my colleagues, we know what

         6       this law will do.  It will expand the

         7       essential American idea of equality.  And we

         8       know what this law won't do.  It does not

         9       affect religious institutions, it doesn't take

        10       anything away from anybody.  This bill hurts

        11       no one but gives the American ideal of

        12       equality to many, many people.

        13                  So I urge you, my colleagues, don't

        14       get distracted.  Keep your eye on what this is

        15       about.  Vote for justice, vote for equality,

        16       vote your affirmation for the proposition that

        17       all men and women are created equal.  Vote

        18       yes.  Please.  This is our moment.  Vote yes.

        19                  Thank you, Madam President.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Thank you, Senator.

        22                  Senator Adams.

        23                  SENATOR ADAMS:    I must have spoke

        24       several times on this floor, and I've never



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         1       been more nervous than I am today to speak on

         2       this topic.  Because this is an important

         3       topic, I think for me and this chamber.  And I

         4       believe that there are certain moments here

         5       where we can benchmark our lives by the vote

         6       we took.

         7                  I want to read off a list of states

         8       like my colleague, who I have so much respect

         9       for, Reverend Diaz, and I admire his position.

        10       I believe he's taking a position from his

        11       heart and not from his mind.

        12                  Alabama, Arkansas, Delaware,

        13       Florida, Georgia, Kentucky, Louisiana,

        14       Maryland, Missouri, Mississippi, North and

        15       South Carolina, Tennessee, Texas, Virginia,

        16       District of Columbia and Nebraska -- all

        17       states that at one time or another sold blacks

        18       into slavery and participated in legal

        19       slavery.

        20                  Because the numerical majority is

        21       in one place does not mean they're in the

        22       right place.  We are in the position right now

        23       where we have to lead the country in the right

        24       place.



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         1                  A few important quotes that I think

         2       we must read and we must hear:

         3                  "The amalgamation of the races is

         4       not only unnatural, but is always productive

         5       of deplorable results.  The purity of the

         6       public morals, the moral and physical

         7       development of both races, and the highest

         8       advancement of civilization ... all require

         9       that [the two races] should be kept distinctly

        10       separate, and that connections and alliances

        11       so unnatural should be prohibited by positive

        12       law and subject to no evasion."

        13                  These were rulings not about

        14       same-sex marriage, these were rulings about

        15       interracial marriages.  This was the law of

        16       the land.  It was only until 1967 -- do you

        17       believe it, 1967 -- before my son could marry

        18       Senator Griffo's daughter, if he wanted to, or

        19       Lanza's family member.  It was only since 1967

        20       that if DeFrancisco's child wanted to marry my

        21       son or wanted to interact with them, it was

        22       illegal.  1967.

        23                  And the comments and the hate and

        24       the speech.  But it doesn't stop there.  I was



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         1       amazed when I pulled down some of the quotes.

         2       These types of marriages are abominable,

         3       according to Virginia law.  If they were

         4       allowed, they will pollute America,

         5       interracial marriages.

         6                  Thank God for computers and Google

         7       search.  Go read what they said about blacks

         8       being able to marry.  If you were to close

         9       your eyes, you will hear the same comments

        10       that are being made, the same statements that

        11       are being made about Tom Duane falling in love

        12       with someone and deciding he wanted to live in

        13       a relationship with that person.  That's the

        14       same comment that my grandmother received in

        15       Alabama when she wanted to marry my

        16       grandfather.  Same comments.

        17                  And they used religion.  They said

        18       for blacks to marry each other it was an

        19       abomination.  For interracial couples to fall

        20       in love, it was an abomination.  It would

        21       destroy the institution of marriage.  This is

        22       what we heard.  This is exactly what we heard.

        23                  And I know there's some people that

        24       say, "Well, don't try to make this a civil



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         1       rights issue."  I hear that comment.

         2                  There is no group in America that

         3       cannot take claims to going through some form

         4       of abuse.  My Irish brothers and sisters, when

         5       they came to America, they were abused.  My

         6       Italian brothers and sisters, when they came

         7       to America, they were called names and they

         8       were abused.  My Asian, my Muslim -- all of us

         9       went through something to be decided that we

        10       too love America and we too have a right to

        11       prosper in America.  That is all men and women

        12       of the LGBT community are saying.  That's how

        13       important this issue is.

        14                  I respect the opinion of my

        15       colleagues that have religious beliefs, and I

        16       have religious beliefs.  But when I walk

        17       through these doors, my Bible stays out.  I

        18       must pass laws that not only protect one part

        19       of the state but the entire state.

        20                  And there's something special about

        21       New York.  We have the legacy of setting the

        22       tone for the rest of the country.  This is an

        23       important issue.  And I'm asking us to send a

        24       message across the country that we are not



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         1       going to sit on the sideline and be a detached

         2       spectator in this full-contact sport called

         3       life as we start the process of fighting for

         4       rights of individuals merely to marry the

         5       people they love.  That's what they're doing.

         6                  Don't try to romanticize, don't try

         7       to make this bigger than it is.  Two

         8       individuals came together, enjoyed being with

         9       each other, loved each other, and are saying

        10       they want to marry each other.  And I have

        11       quotes that are saying they don't have the

        12       right.  We're reaching back into one of the

        13       most ugliest periods in America and bringing

        14       fast forward the same quotes that were said

        15       back then.

        16                  And I'm not going to be a part of

        17       that.  I'm going to be a part of what's best

        18       about this country.  I'm going to be a part of

        19       those who stood up and said yes, we should

        20       allow all the right to vote.  I'm going to be

        21       a part of those who stood up and said yes,

        22       because someone comes from a particular

        23       geographical place on the globe, they should

        24       not be denied certain things.



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         1                  I'm going to be a part of change.

         2       I'm going to be an agent of change.  I am

         3       going to vote for this important legislation.

         4                  And I'm calling on all my

         5       colleagues, no matter how difficult it is in

         6       the political arena -- because I know that,

         7       you know, politics is going to play in some of

         8       our decisions.  But it was difficult back

         9       then.  There wasn't one black man on the

        10       Supreme Court when the decision was made to

        11       make some of these important changes.  There

        12       wasn't one.  But we did it.  We did the right

        13       thing.

        14                  You don't have to be gay to respect

        15       the rights of those who are.  You don't have

        16       to be black to understand the pains of

        17       slavery.  You don't have to be Irish to

        18       understand the pains of those early Irish

        19       immigrants.  You don't have to be Italian to

        20       understand the pains of those first

        21       Italian-Americans that settled on the Lower

        22       East Side and had to fight their way through

        23       the American system and were denied merely

        24       because of where they came from.



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         1                  You don't have to be gay to respect

         2       that two people that meet each other and fall

         3       in love want to be married.  That's why I'm

         4       voting aye for this bill, and I'm encouraging

         5       my colleagues to do the same.

         6                  Thank you.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Klein.

         9                  SENATOR KLEIN:    Thank you very,

        10       very much, Madam President.

        11                  First, I'd like to apologize to I

        12       know the advocates who are out there today for

        13       marriage equality, or those that were

        14       listening, that it took so long.  I think one

        15       of the positive changes we can make on this

        16       issue and others is not to be afraid to vote

        17       our conscience, not to be afraid to put bills

        18       on the floor and openly debate those bills.

        19       So I think this hopefully is the start of

        20       something very, very important.

        21                  I also want to thank my fellow

        22       colleague from the Bronx, Reverend Diaz, for

        23       his passionate statements today.  I know they

        24       come from his heart.



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         1                  But I most especially want to thank

         2       my colleague, my friend, Senator Tom Duane.  I

         3       had the privilege, when we were in the

         4       minority, of sitting next to Tom for two

         5       years.  We talked a lot about a lot of

         6       things -- world events, personal events.  But

         7       most importantly, Tom Duane taught me some

         8       very important lessons.  He taught me about

         9       love.  He taught me about fairness.  He taught

        10       me about doing the right things, not for

        11       political reasons, because these decisions we

        12       make here have such ramifications on people's

        13       lives.

        14                  And I know, Tom, how important and

        15       how hard you worked on this.  And I think we

        16       owe it to you and we owe it to the entire gay

        17       community around the State of New York to pass

        18       this legislation.

        19                  I want to thank my colleague

        20       Senator Eric Adams for citing the very

        21       important case, the seminal case, I believe,

        22       in this area, even though it didn't affect

        23       directly gay Americans, but African-Americans,

        24       the case of Loving vs. Virginia.



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         1                  When you read the facts of the case

         2       about a black woman wanting to marry a white

         3       man, and you read some of the statements made,

         4       you would think you're reading a case that was

         5       take placing in the Jim Crow South or maybe

         6       even before Reconstruction.  But as Senator

         7       Adams said, it was a case that was decided in

         8       1967.

         9                  I think it's important to read part

        10       of the decision in this case because I think

        11       it certainly holds true today.  When we're

        12       talking at that time about African-Americans,

        13       today we're talking about gay Americans.

        14                  It says that "Marriage is one of

        15       the basic civil rights, fundamental to our

        16       very existence and survival.  To deny this

        17       fundamental freedom and in so unsupportable a

        18       basis as the racial classification embodied in

        19       these statutes is surely to deprive state

        20       citizens of liberty without due process of

        21       law.  The 14th Amendment requires that the

        22       freedom of choice to marry not be restricted

        23       by insidious racial discrimination.  Under our

        24       Constitution, the freedom to marry or not



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         1       marry a person of another race resides with

         2       the individual and cannot be infringed by the

         3       State."

         4                  We're fast-forwarding to present

         5       times.  And I think it's also important to

         6       read the statement by Mrs. Loving, who on the

         7       40th anniversary of this landmark decision put

         8       out a statement that read:  "Surrounded as I

         9       am now by wonderful children and

        10       grandchildren, not a day goes by that I don't

        11       think of Richard and our love, our right to

        12       marry and how much it meant to me to have

        13       freedom to marry the person precious to me,

        14       even if others thought he was the wrong kind

        15       of person for me to marry.  I believe all

        16       Americans, no matter their race, no matter

        17       their sex, no matter their sexual orientation,

        18       should have that same freedom to marry.

        19       Government has no business imposing some

        20       people's religious beliefs over others,

        21       especially if it denies people their basic

        22       human rights."

        23                  Well, I know Ms. Loving would

        24       probably be proud of us today that we're



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         1       taking up this very, very important issue.

         2       She'd be even more proud if this bill passes

         3       today.  Because she fought for the right to

         4       marry someone she loved, here we are today

         5       fighting for the right for gay Americans and

         6       gay New Yorkers to marry who they want to

         7       marry.

         8                  But, you know, we can go through,

         9       you know, all of the different cases and case

        10       law.  We can talk about a city comptroller

        11       report put out by Billy Thompson that says

        12       that if we pass marriage equality it will be

        13       of benefit for New York City to the tune of

        14       $200 million over a three-year period.  We can

        15       talk about the fact that if we pass this

        16       legislation we will allow gay New Yorkers to

        17       actually be granted the same rights of other

        18       New Yorkers that is currently contained in

        19       1,324 statutes in our state.

        20                  But I think, most importantly, it's

        21       always important to put sort of a face or a

        22       story.  And certainly I have that story.

        23                  I'm very proud of the fact that I

        24       grew up in a two-family home with my



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         1       grandparents.  My grandparents were Holocaust

         2       survivors from Poland.  I always remember,

         3       when I was about 8 years old, sitting around

         4       the Passover table and always asking my

         5       grandmother why she didn't have any family

         6       members -- no aunts, no uncles, no sisters, no

         7       brothers.  She was the only member of her

         8       family that was able to make it to the United

         9       States, and it's because she married my

        10       grandfather she was able to come here and

        11       become an American citizen.  Her entire family

        12       was wiped out even before they got to the

        13       concentration camps.

        14                  So this was a woman who lived in

        15       America, didn't have the benefit of growing up

        16       or sitting down at family dinners with any

        17       family.

        18                  And I always remember too that my

        19       uncle, my Uncle Gilbert, had a best friend

        20       that he grew up with his entire life.  He grew

        21       up in the house when I was young, so I always

        22       remember his friend Jay.  Him and Jay used to

        23       do everything together -- sporting events, go

        24       out with girls together.



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         1                  And years later, Jay sort of

         2       disappeared.  And the reason why he

         3       disappeared is he realized all his life he was

         4       suppressing certain emotions, certain

         5       feelings.  And he was very upset with the fact

         6       that he was gay.  At that time he couldn't be

         7       open about it.  It hurt his family.

         8       Unfortunately, his family disowned him.

         9                  But he met someone very special

        10       named Bill.  My grandparents made it a point,

        11       because Jay was disowned by his family, to

        12       make sure that Bill and Jay were at every

        13       family dinner:  Thanksgiving, Passover, Friday

        14       night Shabbos dinners.  It was something very

        15       important to my grandmother.

        16                  And I always remember asking my

        17       grandmother.  Because my grandparents, you

        18       know, grew up in an Orthodox household, they

        19       were very religious people.  And I asked my

        20       grandmother.  My grandmother says:  "I lived

        21       through the Holocaust.  I saw hatred, the

        22       worst kind of hatred.  And to discriminate

        23       against someone or not accept somebody because

        24       they love someone of the same sex would be, I



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         1       think, something that my parents and people

         2       who are lost wouldn't be able to understand."

         3                  Also, like any Jewish grandmother,

         4       she used to always say that Jay was very

         5       handsome, he was an investment banker, and

         6       he's entitled to have somebody.  He's a very

         7       good catch.

         8                  (Laughter.)

         9                  SENATOR KLEIN:    So I know all of

        10       us here today are, I hope, happy that we're

        11       finally taking up this important piece of

        12       legislation.

        13                  But I know for my friend who's no

        14       longer with us, Jay, and his significant

        15       other, Bill, the horror when Jay died really

        16       began for Bill.  All those statutes and laws

        17       that I stated, they all impacted Bill in a

        18       terrible way -- inheritance, healthcare

        19       benefits, life insurance, you name it.  And I

        20       think, more importantly, it was the indignity

        21       that Bill had to suffer that he wasn't allowed

        22       to be at the bedside of the person he loved

        23       for more than 25 years as a married couple.

        24                  So I want to ask my colleagues once



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         1       again to make a decision today not based on

         2       political reasons, not based on which

         3       political party will support you because of

         4       your vote, but because this is an issue of

         5       fairness and it means so many to people we

         6       love and respect.

         7                  I vote yes, Madam President.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Thank you, Senator.

        10                  Senator Valesky.

        11                  SENATOR VALESKY:    Thank you,

        12       Madam President.

        13                  Just a few thoughts on what is a

        14       very difficult topic, certainly, for many.

        15       And when you stop to think about it, there are

        16       not many times that we in this Legislature

        17       consider questions that one might view as a

        18       difficult issue.  So maybe we should stop and

        19       think for a moment of why this is so

        20       difficult.  And I have certainly, as many of

        21       us have, been listening and talking and

        22       speaking with constituents of mine for many

        23       weeks and many months.

        24                  Why is it such a difficult issue?



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         1       I think when we address issues that have such

         2       emotion and such passion attached to them on

         3       both sides of the issue, that makes issues

         4       difficult.  That makes issues very, very

         5       difficult.

         6                  But I think we as legislators owe

         7       it to ourselves and to those we represent to

         8       listen, to have conversations, to do research,

         9       to read, and ultimately to peel away the

        10       layers of emotion and get to the facts and get

        11       to the real question at hand.

        12                  And that question for me, after a

        13       long period of contemplation, that question

        14       for me gets to something that many of the

        15       speakers before me have indicated, but Senator

        16       Schneiderman, I believe, said:  That this is

        17       not a matter of religion.

        18                  I think, colleagues, that more

        19       importantly than that, it can't be a matter of

        20       religion.  Nothing we do on the floor of this

        21       Senate, nothing that can be done on the floor

        22       of senates from Maine to California can be

        23       done in violation of the United States

        24       Constitution.  If it is, if we do, we have a



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         1       judicial system that will declare that

         2       unconstitutional.

         3                  This bill has a provision that

         4       explicitly indicates that no clergyman, no

         5       minister shall be required to solemnize any

         6       marriage when acting in his or her capacity.

         7       That's important.  That's significant.  But

         8       from my understanding of the United States

         9       Constitution, that provision isn't even

        10       necessary.

        11                  The Founding Fathers made it very,

        12       very clear that freedom of religion in a

        13       secular government -- that we have had and

        14       always had -- is one of the most important

        15       tenets of this democracy.

        16                  So when we look at the question, we

        17       have to look at the United States Constitution

        18       and its protection of religious freedom and

        19       look at the United States Constitution and its

        20       protection of liberty and equality for all men

        21       and women.

        22                  This bill does not, could not, and,

        23       as long as our Constitution remains the law of

        24       the land, could never affect in any way,



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         1       shape, or form and compel any house of worship

         2       in this country to do anything that is against

         3       their belief system.

         4                  So, Madam President, I think that

         5       it is very clear that this bill is about a

         6       civil, legal commitment that provides benefits

         7       to same-sex couples.  And for those reasons, I

         8       will be supporting this particular measure.

         9                  Thank you.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Thank you, Senator.

        12                  Senator Parker.

        13                  SENATOR PARKER:    Madam President,

        14       on the bill.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       On the bill, Senator Parker.

        17                  SENATOR PARKER:    When my

        18       colleague and friend Tom Duane introduced this

        19       bill on marriage equality and sought support

        20       from fellow Senators, I joined him as a

        21       cosponsor really as quickly as I could because

        22       it was the right thing to do.

        23                  And really, the time to pass this

        24       legislation is now.  And why is it now?



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         1       Because it is still the right thing to do.

         2                  Acting today to guarantee marriage

         3       equality is the right thing to do because

         4       without the right to marry, innumerable

         5       same-sex couples suffer under the

         6       psychological and economic strain of being

         7       separated out from other loving couples and

         8       being deemed unequal before the law.  And many

         9       of my colleagues, Eric Adams and Jeff Klein

        10       and Senator Schneiderman, have talked about

        11       this historical problem.

        12                  And we have an opportunity today,

        13       colleagues, to change our history.  This is

        14       the time that we strike a blow to one of the

        15       last levels of inequality that we find in

        16       these kind of laws in our country.  And it's

        17       critically important that we do so because, to

        18       quote the Dr. Martin Luther King, Jr.,

        19       "Injustice anywhere is a threat to justice

        20       everywhere."

        21                  And we certainly see ourselves as

        22       people who stand for justice.  I don't think

        23       that we can vote against this bill and against

        24       the rights of people to be married and be



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         1       engaged in a contract that in fact does not

         2       affect anybody else's lives negatively.  We

         3       cannot do that and still call ourselves people

         4       of morality.

         5                  If you want to know where the

         6       morality stands, the morality stands in doing

         7       the right thing to make sure that everybody in

         8       this country has the same inalienable rights.

         9                  Denying same-sex couples the right

        10       to marry denies them some of their most basic

        11       civil rights.  Denying the same-sex couples

        12       the right to marry denies them many important

        13       legal protections afforded by marriage.

        14       Allowing same-sex couples to marry will give

        15       them the same economic security protections

        16       and peace of mind that is enjoyed by

        17       heterosexual married couples.

        18                  And let's understand this, ladies

        19       and gentlemen, that this is a contract.  Many

        20       of you are lawyers.  You understand it is a

        21       contract.  And if you don't believe it's a

        22       contract, your priest may be able to bring you

        23       together, but only your lawyer can break you

        24       apart.



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         1                  (Laughter.)

         2                  SENATOR PARKER:    So here are a

         3       few of the state and federal benefits granted

         4       to married couples that same-sex couples

         5       cannot receive until we pass this bill today.

         6       I'm just going to read a few of them to you.

         7                  Access to employer-provided health

         8       and retirement benefits for one's partner and

         9       nonbiological adopted children.

        10                  Access to a partner's coverage

        11       under Medicaid and Social Security.

        12                  Ability to visit or make medical

        13       decisions for an ill or incapacitated partner.

        14                  Right to sue for wrongful death of

        15       one's partner.

        16                  Ability to sponsor one's partner

        17       for immigration.

        18                  Marital children gain family

        19       stability and economic security because of

        20       their parent's legal marriage that is

        21       inaccessible to nonmarried children, including

        22       the enhanced approval of marital children in

        23       society and streamlined adoption processes.

        24                  Access to health benefits and



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         1       inheritance from both parents.

         2                  Right to maintain a relationship

         3       with one's nonbiological adoptive parent in

         4       the event of death of one parent.  And this is

         5       in states without same-sex second-parent

         6       adoptions.

         7                  They also are denied currently,

         8       until we pass this bill in a few minutes,

         9       joint insurance policies for home, auto and

        10       health; joint parenting and joint adoption;

        11       bereavement or sick leave to care for a

        12       partner or child.

        13                  This debate needs to be about real

        14       people and not just abstract policies.  It's

        15       about millions of real families in our country

        16       and the basic protections that all families

        17       need.  The reality is that there are still

        18       many people in New York who do not agree with

        19       us on this issue.  But despite what we've

        20       heard, actually the vast majority of

        21       New Yorkers actually do agree that we ought to

        22       pass this bill today.

        23                  But, mostly, the people of good

        24       faith in this state, you know, early on --



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         1       again, as Senator Adams indicated -- they did

         2       not accept interracial marriage,

         3       desegregation, women's rights, and other basic

         4       changes.  And those changes have increased the

         5       freedom and fairness of our society and the

         6       great State of New York.  And over time, they

         7       have come to see that they were wrong and the

         8       changes that scared them improved our great

         9       country.

        10                  I mean, as we sit here now, it's

        11       almost ridiculous to start thinking about the

        12       fact that even African-Americans at one point

        13       couldn't marry each other.  It was illegal for

        14       African-Americans to even marry each other.

        15       The fact that at some point, Madam President,

        16       you were considered not even a person in this

        17       country, let alone be able to be not just a

        18       Senator and the chair of a committee but also

        19       the presiding officer of the Senate.

        20                  That's what we were.  And I'm

        21       hoping that in a few years the idea that

        22       same-sex marriages wouldn't happen, wouldn't

        23       be able to be legal in this country, will be

        24       just as ridiculous.  That that notion is as



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         1       antiquated, you know, as dinosaurs.  And now

         2       is the time, because it is the right thing to

         3       do.

         4                  I'd like to end by reading a few

         5       quotes from a civil rights leader, Congressman

         6       John Lewis from Georgia.  And he says:  "It is

         7       time to say forthrightly that the government's

         8       exclusion of our gay and lesbian brothers and

         9       sisters from civil marriage officially

        10       degrades them and their families.  It denies

        11       them the basic human right to marry the person

        12       they love.  It denies them numerous legal

        13       protections for their families.  This

        14       discrimination is wrong.  We cannot keep

        15       turning our backs on gay and lesbian

        16       Americans.  I have fought too hard and too

        17       long against discrimination based on race and

        18       color not to stand up against discrimination

        19       based on sexual orientation.  I've heard

        20       reasons for opposing civil marriage for

        21       same-sex couples.  Cut through the

        22       distractions, and they stink of the same fear,

        23       hatred, and intolerance I have known in racism

        24       and bigotry."



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         1                  Congresswoman Jackie Speier of

         2       California says:  "Marriage equality is

         3       perhaps the most profound civil rights issue

         4       of our generation."  Let me repeat that

         5       sentence.  "Marriage equality is perhaps the

         6       most profound civil rights issue of our

         7       generation."

         8                  So I stand before you today as a

         9       Senator, a New Yorker, and a man who has

        10       committed to fighting for civil rights

        11       throughout my life.  And I will not stand

        12       aside now when I can fight to support the

        13       rights of same-sex couples and fight against

        14       discrimination against gays, lesbians,

        15       bisexuals and transgendered persons.

        16                  Ladies and gentlemen of the Senate,

        17       I stand before you today to ask for your

        18       support of marriage equality because it is the

        19       right thing to do and now is the time to do

        20       it.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  Senator Espada.

        24                  SENATOR ESPADA:    Thank you, Madam



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         1       President.

         2                  I want to begin by thanking this

         3       chamber, all 62 Senators, whose own growth,

         4       political evolution, climaxed not too long ago

         5       to allow a debate on a bill whose destiny has

         6       not been predetermined, to have this kind of

         7       glorious debate and this kind of sharing of

         8       thought and of our core values.

         9                  If this vote were taken in my

        10       district today, same-sex marriage, marriage

        11       equality would fail.  Reverend Diaz is correct

        12       about that.  Our districts abut.  We are

        13       primarily very, very poor, very, very

        14       African-American, Latino.  We have the highest

        15       jobless rate in the state, over 14 percent

        16       unemployment in our county.

        17                  But this is not about demographics.

        18       Others have talked about this not being a

        19       matter of religion or morality.

        20                  I just want to dedicate a couple of

        21       minutes to those Senators who have not made up

        22       their mind.  Because my mind has been made up

        23       a long, long time ago, despite the flavor of

        24       this issue in my community that has children



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         1       in schoolyards beating each other up because

         2       one may look too effeminate, because we're

         3       taught upon being delivered upon this earth

         4       that we're not to have and enjoy certain toys

         5       or certain dolls.  In other words, it is so

         6       intrinsic and embedded in our DNA as a

         7       culture, as a society, that it has truly a

         8       life of its own.

         9                  But the matter has a life of its

        10       own here today, and the headlines that will be

        11       written are not just about a historic debate

        12       because we happen to have matured to that

        13       level, but as to whether or not this is truly

        14       a vote of conscience, my undecided colleagues.

        15                  Is it a vote of conscience?  What

        16       is this thing called a conscience?  It's that

        17       little voice, right, in all of us when we were

        18       growing up:  That's what is right and what is

        19       wrong, little boy, little girl.  We all grow

        20       up with that.  You don't have to have a high

        21       school diploma, a GED, you know, a BA, a Ph.D.

        22       It is that inner voice that no matter how old

        23       you get or how dumb you remain, that's what's

        24       going -- or how smart you get -- that's what's



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         1       going to predetermine that vote of conscience.

         2                  It is constitutionally correct to

         3       vote yes.  Yeah, I think it's morally correct

         4       to vote yes.  Don't talk to me about not

         5       legislating morality.  I understand that we

         6       build walls and we build signs.  But we do

         7       that all the time.

         8                  But let's not be scared into

         9       ignorance to think that it is not morally

        10       correct to allow same-sex couples to enjoy the

        11       same rights as opposite-sex couples.  That may

        12       take a long time to sink in and become part of

        13       the social and cultural fabric, but so be it.

        14       It is historically correct.  The drumbeat and

        15       the precedents that have been cited are

        16       correct.

        17                  We have rationed out equal rights,

        18       civil rights for many, many years.  States

        19       have adopted certain things at certain points.

        20       I mean, Iowa doing things on farmworkers'

        21       rights decades ago.  Personally, I'm

        22       disappointed that we continue to ration out a

        23       debate on human rights.  I'd love to have a

        24       comprehensive agenda of human rights be voted



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         1       on this floor that would include domestic

         2       workers, most of them black and brown;

         3       farmworkers, most of them black and brown.  I

         4       would love it.  So we're not done.

         5                  But as it relates to today,

         6       undecided Senators, let's write this headline

         7       for the New York Times, for the Daily News,

         8       for the Post, for El Diario.  Let's write this

         9       headline for my tenth grandchild, whose

        10       sonogram was sent to me yesterday by my second

        11       son in the fifth month of that pregnancy.  We

        12       start to send all off all of these messages.

        13       Let's send a message of hope.  Let's set forth

        14       a drumbeat of equal rights for all by voting

        15       yes here today.  And let's not continue to be

        16       scared into ignorance or pander to that in our

        17       communities.

        18                  Madam President, I would vote yes

        19       and encourage those undecideds to vote yes as

        20       well.  Thank you.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Thank you, Senator.

        23                  Senator Savino.

        24                  SENATOR SAVINO:    Thank you, Madam



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         1       President.

         2                  You know, like Senator Adams, I've

         3       spoken on this floor many times myself and

         4       have never been quite as nervous.  Not because

         5       I'm not sure of my position or how I feel or

         6       what I think is the right thing to do, but

         7       because I'm not sure what's going to happen.

         8                  And that's rare for the New York

         9       State Senate.  You know, rarely do we not know

        10       the outcome of bills before they come to the

        11       floor.  And rarely have we faced an issue as

        12       important as this without knowing the outcome.

        13                  Tens of thousands of New Yorkers'

        14       lives are hanging in the balance in this

        15       debate.  They are either going to go home

        16       today knowing that we made history here in

        17       New York State, or they're going to go home

        18       incredibly disappointed but certainly unbowed,

        19       and the struggle will continue.

        20                  But I hope that we are going to

        21       make that history here today.  I hope that we

        22       are going to take that step forward to

        23       continue the promise of Thomas Jefferson that

        24       Senator Schneiderman so eloquently talked



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         1       about or eradicate the inequality that Senator

         2       Adams described so painfully.

         3                  I hope that we're going to make

         4       that choice.  Because I reject, even though I

         5       have great respect for Senator Diaz -- and I

         6       do.  And he's not here, but I do have great

         7       respect for him, and I have great respect for

         8       his religious convictions.

         9                  But this vote is not politics.

        10       It's not about Democratic politics or

        11       Republican politics.  It's not about who

        12       contributed to what campaign.  It's not about

        13       who tried to make this body one party or

        14       another.  It has absolutely nothing to do with

        15       that.  This vote is about an issue of fairness

        16       and equality, not political.

        17                  It is about the fairness of people

        18       who are of the right age, of sound mind, who

        19       choose to live together, share everything

        20       together, and want to be able to have the

        21       protections that government grants those of us

        22       who have the privilege of marriage and treat

        23       it so cavalierly in our society.

        24                  That's all this is about.  Whether



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         1       Senator Duane and his partner Louis, who are

         2       two of the most committed people I've ever

         3       met -- I will tell you, I am over the age of

         4       40, and that's all you're going to get from

         5       me --

         6                  (Laughter.)

         7                  SENATOR SAVINO:    -- but I have

         8       never been able to maintain a relationship of

         9       the length or the quality that Tom Duane and

        10       Louis have.  Why should they be denied the

        11       right to share their life together?

        12                  I don't know Assemblyman

        13       O'Donnell's partner, but I know he is as

        14       committed to him as Tom is to Louis, and as my

        15       friend Matt Titone is to his partner Josh.

        16                  These are relationships that I

        17       envy, and in fact we all should envy.  And all

        18       they ask for is to be treated fairly and

        19       equally and be able to plan for each other in

        20       the event something happens to them.  The same

        21       way Senator Lanza does for his wife Marcele,

        22       or Senator Flanagan does with his wife, or any

        23       of those of us here who are married are able

        24       to plan and protect the person that we love.



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         1                  You know, I've also been lobbied,

         2       quite interestingly on this bill, by people on

         3       both sides.  I'll tell you one funny story.  I

         4       was on 6th Avenue in Manhattan, I was in my

         5       car.  I was driving to make a left turn onto

         6       52nd Street.  I was stopped at a light, I had

         7       my window open, and a young man on a pedicab

         8       stopped and stuck his head in the window of my

         9       car.  Which I thought was kind of strange.

        10       But he recognized the Senate license plate on

        11       my car.  And this was right during the week

        12       that the Assembly was taking up the vote

        13       earlier this year.

        14                  And he said to me, "Excuse me.  Is

        15       there going to be a gay marriage vote in

        16       Albany this week?"  And I said, "Yes, the

        17       Assembly is going to take it up, but the

        18       Senate probably won't take it up any time

        19       soon.  I'm not sure when."

        20                  And he said, "Are you going to vote

        21       for it?"  And I said, "Yes, I am."  And he

        22       said "Why?"  And I said, "Because I believe

        23       that people should be able to share their life

        24       with whoever they want and the role of



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         1       government is to administer that contract that

         2       they agree to enter into."

         3                  And he stopped and he said, "But

         4       they're changing the definition of marriage."

         5       And I said, "Don't get so excited about this

         6       marriage stuff."  I said, "Think about this.

         7       We just met, you and I, right here at the

         8       stoplight.  You stuck your head in the window

         9       of my car."  I said, "Do you know tomorrow we

        10       go could go to City Hall, we could apply for a

        11       marriage license, and we could get married?"

        12       I said, "And nobody will there will ask us

        13       about the quality of our relationship or

        14       whether we've been committed to each other or

        15       any of those things.  They will issue that

        16       marriage license and we can get married."

        17                  And he said, "Yes, that's true."  I

        18       said, "And do you think we're ready for that

        19       kind of commitment?"

        20                  (Laughter.)

        21                  SENATOR SAVINO:    And he stopped

        22       and he said, "I see your point."

        23                  (Laughter.)

        24                  SENATOR SAVINO:    And that's



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         1       really what this is about.  We in government

         2       don't determine the quality or the validity of

         3       people's relationships.  If we did, we would

         4       not issue three-quarters of the marriage

         5       licenses we do.

         6                  (Laughter.)

         7                  SENATOR SAVINO:    And I know there

         8       are many people in the religious community who

         9       feel that we're going to force this on them

        10       when that in fact is not true.  We have never

        11       done that.

        12                  I'm a Roman Catholic.  The Catholic

        13       Church has the right to deny me the sacrament

        14       of marriage if they determine the person I

        15       choose to marry is unfit or our relationship

        16       doesn't meet their standards.  City Hall does

        17       not have that right.  That will not change

        18       under this bill.  That will never change.

        19       Religious institutions can continue to

        20       practice discrimination with respect to the

        21       sacrament of marriage.  We don't, we

        22       shouldn't.  We should not do it for gay and

        23       lesbian couples.

        24                  I know many people are concerned



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         1       about the destruction of the sanctity of

         2       marriage as well, and they view this as a

         3       threat.  But let me ask you something, ladies

         4       and gentlemen.  What are we really protecting,

         5       when you look at the divorce rate in our

         6       society?  Turn on the television.  We have a

         7       wedding channel on cable TV devoted to the

         8       behavior of people on the way to the altar.

         9       They spend billions of dollars, behave in the

        10       most appalling way, all in an effort to be

        11       princess for a day.

        12                  You don't have cable television?

        13       Put on network TV.  We're giving away husbands

        14       on a game show.  You can watch "The Bachelor,"

        15       where 30 desperate women will compete to marry

        16       a 40-year-old man who's never been able to

        17       maintain a decent relationship in his life.

        18                  (Laughter.)

        19                  SENATOR SAVINO:    We have "The

        20       Bachelorette," in reverse.  And my favorite

        21       show -- which thank God only ran one season

        22       because it was truly distasteful -- was "The

        23       Littlest Groom," where 30 desperate women

        24       competed to marry a dwarf.



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         1                  That's what we've done to marriage

         2       in America, where young women are socialized

         3       from the time they're 5 years old to think of

         4       being nothing but a bride.  They plan every

         5       day what they'll wear, how they'll look, their

         6       invitations, the whole bit.  They don't spend

         7       five minutes thinking about what it means to

         8       be a wife.

         9                  People stand up there before God

        10       and man, even in Senator Diaz's church, they

        11       swear to love, honor and obey -- they don't

        12       mean a word of it.  And so if there's anything

        13       wrong or any threat to the sanctity of

        14       marriage in America, it comes from those of us

        15       who have the privilege and the right, and we

        16       have abused it for decades.

        17                  We have nothing to fear from Tom

        18       Duane and Louis.  We have nothing to fear from

        19       Danny O'Donnell and his partner.  We have

        20       nothing to fear from people who are committed

        21       to each other, who want to share their lives

        22       and protect one another in the event of

        23       sickness, illness, or death.  We have nothing

        24       to fear from love and commitment.



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         1                  My only hope, Tom, is that we pass

         2       this bill, the Governor signs it, and then we

         3       can learn from you and you don't learn from

         4       us.

         5                  I vote aye.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator L. Krueger.

         8                  SENATOR LIZ KRUEGER:    Well, I've

         9       been listening to my colleagues, and they've

        10       raised a lot of the arguments I wanted to make

        11       here today, Madam President.

        12                  But I was thinking about something

        13       that someone said to me this morning in the

        14       hall, which was "Thank you for going in there

        15       and voting yes."  And I said, "But it's not a

        16       hard vote for me.  I never had to think twice

        17       about this."  And they said, "But for some

        18       people it is a hard vote."

        19                  And so what I've been thinking

        20       about is, is that true?  A number of my

        21       colleagues have said that here today.  Some

        22       people think it's a hard vote.  And I've been

        23       a cosponsor since I think the day I got here

        24       to the Senate.



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         1                  So why is it not hard for me?  Of

         2       course I believe in the constitutional

         3       arguments that were made by Senator

         4       Schneiderman and Senator Valesky and the

         5       pointed arguments that were made by my

         6       colleagues Kevin Parker and Eric Adams about

         7       the correlations to civil rights fights in

         8       this country and the issue of racism in this

         9       country.  And in our conference we talk about

        10       a lot about racism and that it's still a

        11       reality in our country.

        12                  And I'm thinking, why for me is

        13       this so easy?  And I think the answer perhaps

        14       is because we all bring who we are to our jobs

        15       and our lives.  And so for me I think it's

        16       easy because I'm a woman and I'm a Jew, and so

        17       I know about discrimination.

        18                  There was a discussion about people

        19       not being able to marry in this country until

        20       1967, pointing out that Madam President didn't

        21       have rights as a human being under many state

        22       constitutions for many, many hundreds of

        23       years.  Senator Klein told the story of his

        24       grand -- I think it was his grandmother who



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         1       was a Holocaust survivor.

         2                  So, for me, my grandparents came

         3       here to escape pogroms and escape

         4       discrimination, and so it's even a religious

         5       issue.  I know we're saying it's not.  It's

         6       not in that nothing in this bill makes any

         7       religion change anything they do or any clergy

         8       member change any practice they have or

         9       teaching that they have.

        10                  But in fact, I'm here in the

        11       New York State Senate because this was a

        12       country that guaranteed religious freedom.

        13       Which meant my ancestors could come here to

        14       practice their religion.  And it's interesting

        15       that some people are talking about their

        16       religion teaches them they can't vote yes

        17       today, because my religion teaches, I believe,

        18       that I must vote yes today.

        19                  So I see myself as a New York

        20       Senator, as a woman.  I don't understand as a

        21       New York Senator, as someone who respects the

        22       Constitution, how any of us could vote no.  I

        23       don't understand as a woman how any woman

        24       could vote no.  I don't understand as a Jew



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         1       how any Jew could vote no.

         2                  And I think each of us here today

         3       have their own experiences with discrimination

         4       in their lives and their families' lives, in

         5       loved ones' lives, that if they think about it

         6       and they think about what we're talking about

         7       today -- a fundamental right to equal

         8       treatment under our law -- I don't understand

         9       how anyone can vote no.

        10                  I know it's harder for some than

        11       others.  But I guess I would stop asking the

        12       question of each other how can you vote yes.

        13       Ask yourselves how can you vote no.

        14                  I vote yes, Madam President.

        15                  Thank you.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Thank you, Senator.

        18                  Senator Squadron.

        19                  SENATOR SQUADRON:    Thank you very

        20       much, Madam President.

        21                  You know, it's such a small bill,

        22       it's just a couple of pages, but it's a very

        23       powerful bill.  It's a bill, as we've heard

        24       from so many of my colleagues so powerfully,



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         1       that really has to do with what sort of

         2       government we have.  Not an issue that I can

         3       speak on.

         4                  But I am going to give into the

         5       temptation to again quote Thomas Jefferson,

         6       who said, about religious freedom, "Among the

         7       most inestimable of our blessings in this

         8       country is the liberty to worship our Creator

         9       in the way we think most agreeable to His

        10       will, a liberty deemed in other countries

        11       incompatible with good government and yet

        12       proved by our experience to be its best

        13       support."

        14                  This is the argument, of course,

        15       that separation of church and state is about

        16       having a government that allows us to have our

        17       personal choices and our individual liberties.

        18       And it's an important one when we talk about

        19       this issue, and an appropriate one, because

        20       this little bill is about the kind of

        21       government we have that allows us individual

        22       liberties.

        23                  It's also a very, very personal

        24       bill, I think, for all of us -- I think not



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         1       just for Senator Duane, although certainly for

         2       Senator Duane, but also for all of us who are

         3       married.

         4                  As many of you know, I got married

         5       recently, I think maybe most recently among

         6       the members of this house.  And I thank this

         7       house for getting back to the business in time

         8       for me to get and be able to be at my wedding.

         9       And it was the most moving and powerful

        10       experience I have ever had in my life.  And it

        11       was an experience of great joy for my wife and

        12       for me and for our families.

        13                  It was also an experience that was

        14       missing something, because many members of our

        15       family weren't there.  None of my wife's

        16       grandparents were there, none of my

        17       grandparents were there, my father wasn't

        18       there.  They all passed away before I had the

        19       opportunity to meet and fall in love with

        20       someone and get married.  And that's the

        21       reason they weren't there.  And it was still a

        22       wonderfully joyous day despite the fact that

        23       they weren't there.

        24                  But for so many New Yorkers, for



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         1       many of the guests at my wedding, for one of

         2       my colleagues, the reason that marriage can't

         3       happen right now -- the reason that those gaps

         4       in the moment when they do finally get married

         5       will be greater -- is because of what we do in

         6       this State Legislature, is literally because

         7       of what we do today.

         8                  And I have to say this is an issue

         9       that I've felt very strongly about for a very

        10       long time.  But the experience of getting

        11       married, of having a wedding that had those

        12       gaps has only made it more clear, has only

        13       added to my personal sense of responsibility

        14       that we don't in this house create for others

        15       marriages and partnerships that are delayed

        16       because we have some personal religious

        17       belief -- which is of great importance and

        18       should be highly respected, but shouldn't be

        19       imposed on other people's experiences.

        20                  This little bill is about the kind

        21       of government we have, it's about the personal

        22       experience that any of us have had who have

        23       ever gotten married or thought of getting

        24       married.  But it's also about this kind of



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         1       religion we have.  And I know Senator Diaz,

         2       I'm sure others are thinking very much about

         3       their religious beliefs and how to ensure that

         4       their religious beliefs can be carried forth

         5       in a way where the government doesn't get in

         6       the way.

         7                  And, you know, the Jefferson quote

         8       I read at the beginning of my statement isn't

         9       just about individual liberties.  Separation

        10       of church and state, the freedom to practice

        11       religion, isn't just about each of us getting

        12       to do what we want.  It's also about religion.

        13       And having a government that can make that

        14       distinction doesn't just protect us

        15       individually, it doesn't just protect our

        16       government, it protects our religions.  It's

        17       one of the reasons that our country has such a

        18       rich and deep and strong religious tradition.

        19                  Jefferson also wrote:  "I do not

        20       believe it is for the interest of religion to

        21       invite the civil magistrate to direct its

        22       exercises, its discipline, or its doctrines.

        23       Every religious society has a right to

        24       determine for itself its own exercises



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         1       according to its own particular tenets, and

         2       this right can never be safer than in its own

         3       hands, where the Constitution has deposited

         4       it."

         5                  This little law is about each of us

         6       and the experiences we have.  It's about the

         7       kind of government that we have in this state

         8       and in this country.  But it is also about the

         9       kind of religions that we have in this country

        10       and the freedoms that they enjoy.  And for

        11       that reason, I will be voting yes.

        12                  Thank you.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator.

        15                  Senator Montgomery.

        16                  SENATOR MONTGOMERY:    Thank you,

        17       Madam President.

        18                  I certainly want to thank Senator

        19       Duane for his fierce and unyielding leadership

        20       and fight on this important issue.

        21                  And I thank my colleagues, all of

        22       whom have made such poignant remarks and

        23       comments on this particular legislation.

        24                  And I will only add that in my



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         1       family, in my culture, especially as it

         2       relates to my religion, I just want to remind

         3       my colleagues that it was always considered

         4       that if you were living together -- this is

         5       the old days -- if you were living together

         6       and not officially married, that you were

         7       actually living in sin.

         8                  So for those of us who believe in

         9       the religious tenet of why we should be

        10       supporting people being able to marry, we do

        11       not want them to live in sin.

        12                  In addition to that, I note that

        13       the whole institution of marriage has changed

        14       over time.  So in fact, as several of my

        15       colleagues have pointed out, at one point in

        16       time the only way that we could be married as

        17       African-Americans in this country was that we

        18       could jump the broom.

        19                  And so even today some people who

        20       marry continue to maintain that part of the

        21       culture as it related to how African-Americans

        22       were actually able to marry.  In addition to

        23       going through the official government, they

        24       also jumped the broom, just to solemnize their



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         1       marriage.  I've seen that many times.

         2                  And in fact there are some states

         3       that I'm aware of that actually at one point

         4       in time recognized common-law marriage.  So

         5       that if people live together long enough, they

         6       under certain circumstances could acquire the

         7       status of having been married officially and

         8       thereby being protected by the government

         9       tenets of marriage.

        10                  So there are really -- the

        11       institution of marriage is actually basically

        12       part of our government contractual process.

        13       And in addition to that, we also attach

        14       religious meanings and rituals to it.  But I

        15       want to remind us that if the minister marries

        16       you and you don't go to court, you are not

        17       married.  So it's -- the marriage really is

        18       concretized by the contract that is recognized

        19       and required by the government in every case.

        20                  So we're really talking about who

        21       we include in our statute as being eligible to

        22       go to court and to receive a marriage license

        23       which protects them from all of the aspects

        24       that the two of us are protected, Senator Suzi



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         1       and myself, if our husbands decide that, as

         2       often happens, they want to run away.

         3                  (Laughter.)

         4                  SENATOR MONTGOMERY:    There are

         5       certain things --

         6                  SENATOR OPPENHEIMER:    You can

         7       have them.

         8                  (Laughter.)

         9                  SENATOR MONTGOMERY:    There are

        10       certain responsibilities and certain

        11       protections that we have.  And I want everyone

        12       to have that.  Why do we only want ourselves

        13       to have it?

        14                  So I am very much in favor.  And I

        15       just want to make this statement especially to

        16       the people that I represent in my district.

        17       The ministers, many of whom are gay and/or

        18       lesbian.  I want to talk about the doctors in

        19       my district; I represent them.  I want to talk

        20       about the many of the choir directors.  The

        21       churches would not exist if there weren't

        22       choir directors, many of whom are gay.

        23                  And I want to talk about people in

        24       all walks of life.  African-American,



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         1       Africans, I represent them.  Latinos I

         2       represent in my district, large numbers.

         3       White people.  Black people.  Men, women.

         4       They are my constituents too.  I represent

         5       them.  They would like to have the right to

         6       marry.  Some of them will not care about it,

         7       but many of them -- any of them who would like

         8       to be married, I want to say to them today

         9       that I am going to vote so that you have every

        10       right that every other citizen has.  They can

        11       get married.

        12                  Thank you, Madam President.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Thank you, Senator.

        15                  Senator Serrano.

        16                  SENATOR SERRANO:    Thank you very

        17       much, Madam Chair.

        18                  This is really, truly a wonderful

        19       day.  And as my colleague Liz Krueger so

        20       eloquently stated -- and I want to thank her

        21       for sharing with us her honesty and her

        22       passion.  But for all of us who embrace the

        23       notion of this country, its greatness being

        24       its diversity, its embracing of all walks of



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         1       life in a real way.  And that those principles

         2       separate our nation from all other nations in

         3       the world.  And this is why we have become, in

         4       a relatively short amount of time, the

         5       greatest nation on earth.

         6                  And my colleagues have spoken about

         7       this as a civil rights movement, and I agree

         8       wholeheartedly.  And every civil rights

         9       movement in our nation's history has indeed

        10       come through struggle.  In every one of these

        11       struggles, there have been those who have said

        12       that if these civil rights measures were

        13       enacted, that our communities and our society

        14       would somehow spiral into chaos, that the sky

        15       will come crashing down.

        16                  Ladies and gentlemen, history has

        17       time and time again proven that extending

        18       civil rights further has made our nation more

        19       whole, more complete, and truer to the words

        20       recited by Senator Schneiderman.  It will make

        21       our communities stronger.  History once again

        22       will prove this civil rights movement to be

        23       right and correct.

        24                  No one should be subjugated to less



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         1       rights than anyone else.  We are a diverse

         2       nation, and we should embrace that fully

         3       because it's our nation's greatest strength.

         4       Indeed, extending freedom through marriage

         5       equality is very much the foundation of the

         6       American ideal in its most organic form.

         7                  And with that, I will ask all of my

         8       colleagues to support this bill, to support

         9       this movement, to support this understanding

        10       that what separates this nation, with its

        11       innovative and revolutionary ideals, is that

        12       we dare to say the things that others refuse

        13       to say, that we dare to extend the freedoms

        14       and the rights that nations in times before

        15       did not extend to their people.

        16                  And that's why every day new

        17       immigrants are doing everything they can to

        18       get into this nation, to be a part of this

        19       American ideal and its innovative stance on

        20       the issues of equality, on the issues of

        21       fairness, and on the issues of true and fair

        22       debate and deliberation, as we have here

        23       today.

        24                  So I want to thank Senator Tom



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         1       Duane for his passion, his advocacy on this

         2       issue, for making it something that we can all

         3       truly understand and appreciate.  And I want

         4       to thank all of the people of the State of

         5       New York who truly understand that we all

         6       cannot be free as a community, as a nation, as

         7       a state until all of us are afforded the same

         8       rights that each and every one of us should

         9       have.

        10                  I'll be voting yes, Madam

        11       President.  Thank you.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Thank you, Senator.

        14                  Senator Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Madam President.

        17                  I've heard several of my colleagues

        18       talk today about being nervous, some talking

        19       about their decisions being easy, some talking

        20       about them being hard.  There have been very

        21       few decisions that I've had to make in my life

        22       that I've spent as much time contemplating as

        23       this particular issue.

        24                  I grew up in a household where, if



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         1       you know what a "PK" is, that's a preacher's

         2       kid.  My mother was the preacher in my family.

         3       And many of you who were gracious enough to

         4       come to her going-home ceremony in August got

         5       a sense of the strength of that woman and the

         6       person and the children that she raised and

         7       the kind of influence that she had upon our

         8       thinking.

         9                  And my father was a very quiet,

        10       unassuming man who believed that we should be

        11       outstanding and not stand out.  But he was

        12       proud of the 10 children that he raised.

        13       There were heartsick moments and times when

        14       the decisions that his children chose to make

        15       didn't make him as happy as perhaps he would

        16       like to have been.

        17                  My eldest brother was gay.  And

        18       publicly for the first time I think in my life

        19       that I've said that.  And for a very long time

        20       it was certainly not something that my parents

        21       would admit and they certainly could not feel

        22       comfortable about.

        23                  My brother was born in 1930, and

        24       his talent and his sexual preference were not



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         1       acceptable.  And so he left this country and

         2       went to France, and he stayed in Europe his

         3       entire life.  He made a formidable career for

         4       himself, but it was not something that he

         5       could share with his family.

         6                  When I became of age, I began to

         7       look for my brother because he had disappeared

         8       from our lives.  And my father worried, but he

         9       could not ask him to come home.  And so I

        10       searched consulates across the world looking

        11       for him, and I searched embassies looking for

        12       him, and dead-letter boxes looking for him.

        13                  And one day I got a response.  And

        14       he wanted to know why did I want him to come

        15       home.  And I said to him:  "Because your

        16       father needs to lay his eyes upon you."  And

        17       he said, "My father does not want to see me."

        18       And I said, "But your sister does.  And your

        19       siblings do."

        20                  And so he did come home.  And after

        21       that, he made relatively frequent visits home.

        22       But he never could settle.  And so he died in

        23       the south of France, and my youngest brother

        24       went to the village where he was living and



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         1       brought his ashes home.

         2                  I will not talk to you about who

         3       his mate was, because that was their personal

         4       business.  But I do know that because of his

         5       status, those things that he should have been

         6       entitled to as a married couple he was not

         7       entitled to.  And it caused strain between our

         8       two families, even though they were loving

         9       persons and partners committed to each other

        10       for many years and our families enjoyed their

        11       relationship.  But at the death of his

        12       partner, the relationship became strained.

        13                  How do I equate the teachings of a

        14       lifetime and a relationship that we were

        15       bereft of for so many years, and how do I come

        16       and stand in the State Senate as somebody who

        17       has been supportive of choice and has always

        18       believed that the Constitution is a magic

        19       document and when the magic of that document

        20       is purely applied that truly freedom exists?

        21                  I am concerned about my siblings.

        22       My sister is now the minister.  On the 27th of

        23       December, she is going to be made president of

        24       the World Ministry of Women.  And I am proud



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         1       of her.  I am proud of the stances and the

         2       postures that she takes.  And she would not

         3       agree with the decision that I'm going to make

         4       today.  But I am going to make the decision

         5       because, as I made the decision about choice,

         6       people have the right to choose.

         7                  This bill is not about encouraging

         8       people, enticing people, but rather giving

         9       them the right to make the choice for

        10       themselves.  And if there's a condemnation in

        11       that choice, which is something that my church

        12       preaches, then that's between them and God.

        13                  And whether you believe it or not,

        14       nobody elected me -- not even the 99 percent

        15       plurality that I received -- elected me to be

        16       the moral arbiter of their decisions.  But

        17       they did ask me to provide leadership.

        18                  And in that leadership, I hope that

        19       the 50 percent of the people who called my

        20       office and said "Vote no," they will

        21       understand that if they pick me as the leader,

        22       then they must trust that the decisions that I

        23       help to make on this floor are about total

        24       rights for all of the people that I serve.



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         1       Because the 50 percent who said "Vote yes,"

         2       they have a right to expect my protection as

         3       well.

         4                  So, Madam President, today I will

         5       be voting yes.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator.

         8                  Senator C. Johnson.

         9                  SENATOR CRAIG JOHNSON:    Thank you

        10       very much, Madam President.  On the bill.

        11                  I think, like many of us, this

        12       becomes one of the attempts at a great moment

        13       in a public service career.

        14                  I want to commend my friend Ruth

        15       Hassell-Thompson for her courage and for the

        16       conviction of her belief.  And I certainly

        17       won't stand here and try to match the

        18       eloquence that I've heard so far today, that

        19       we've all heard so far today from this side of

        20       the chamber and hopefully we'll hear from the

        21       other side of the chamber on this bill.

        22                  But I think what I have to first

        23       start off with is saying thank you to Tom

        24       Duane.  Tom, I admire you.  I admire you for



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         1       your leadership on this particular issue, your

         2       dignity that you have demonstrated time and

         3       time again.  And I admire you for your love

         4       for Louis.

         5                  You know, on January 10, 1998, I

         6       exercised my right to marry my wife,

         7       Elizabeth, who I hope is watching today.  Dan,

         8       you talked about -- Daniel Squadron talked

         9       about the pride and love he felt on his

        10       wedding day.  I can't wait to hear how much he

        11       enjoys the day when he sees his Elizabeth give

        12       birth to their first child, and hopefully it

        13       will be soon.

        14                  You know, this bill, it's simple.

        15       As Daniel Squadron and others have talked

        16       about, it's a simple bill.  It does two

        17       things.  It's about two things.  But more

        18       importantly, it's not about something else.

        19                  First, it's about equality.  It's

        20       about granting the right to a man or a woman,

        21       no matter who he or she loves and wants to

        22       spend a lifetime commitment with, it gives

        23       them the right to obtain equal access to a

        24       marriage license regardless of who they want



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         1       to marry.

         2                  You know, it's interesting, in

         3       listening to the debate here and also

         4       listening to the debates that have happened

         5       beforehand in the other house -- and I do

         6       welcome Assemblyman O'Donnell, sponsor of that

         7       legislation here today.  And listening to that

         8       debate, oftentimes there's a discussion, it's

         9       been discussed beforehand in this chamber,

        10       outside this chamber, in dialogue, the notion

        11       of the civil union.  Why not a civil union,

        12       why not a civil union.

        13                  Well, colleagues, that creates

        14       simply a separate but equal system.  And it

        15       doesn't work.  If you don't believe me, I ask

        16       you and I offer you to read the reports that

        17       have come out of the State of New Jersey and

        18       the State of Vermont that did a report when

        19       they passed their civil union statutes.  And

        20       the realization is it just didn't work.  And

        21       Vermont, in fact, changed it and went to

        22       marriage.  And hopefully New Jersey will do

        23       the same thing too.

        24                  This bill is also about love.  And



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         1       what's interesting, look at the history of

         2       marriage.  You know, marriage historically

         3       oftentimes wasn't about love, it was about

         4       property rights.  It was about families

         5       uniting for power.  And oftentimes you heard

         6       about the loveless marriage.  Two families,

         7       uniting, growing more powerful.

         8                  This is about love and about two

         9       individuals who love each other and want to

        10       express that love in a lifetime relationship

        11       and commitment and who don't need to be

        12       treated separate but equal.

        13                  You know, this bill doesn't force

        14       anyone to do anything.  It simply requires the

        15       State of New York, the clerk of a municipality

        16       to issue a license.  Our clerks issue birth

        17       certificates, our clerks issue death

        18       certificates.  You give birth to a baby, you

        19       get a birth certificate.  If unfortunately you

        20       lose a family member or you lose somebody, you

        21       can get a death certificate.  This is simply

        22       issuing a license.

        23                  Now, a number of my esteemed

        24       colleagues here today have talked about



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         1       religion and the freedom of religion, quoted

         2       some of our Founding Fathers.  You know, if

         3       this was an attack on religious liberty, if

         4       this was an attack on our religious freedoms,

         5       I know that I and all of us here would be

         6       standing shoulder to shoulder together,

         7       together, to fight that attack.

         8                  But that's not what this is about,

         9       ladies and gentlemen.  This is about civil

        10       marriage.  This is about civil marriage.

        11                  I think there comes a time for this

        12       body to step up.  We've had a tough, tough six

        13       months, I think we can all agree.  But I think

        14       there's a time for us as a body to shine.

        15                  I agree with Senator Klein and

        16       others who have said what's important about

        17       this debate is we're having this debate.  And

        18       more importantly, it's important for our

        19       constituents to see how we're going to vote on

        20       this issue, because we are a representative

        21       democracy.  The 62 of us here in this chamber

        22       were elected to represent our districts.

        23                  And so today, for my district, for

        24       my family, for my constituents -- for



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         1       constituents like Dan Pinello and Lee

         2       Nissensohn, who attempted to obtain a marriage

         3       license in one of my towns and were denied, I

         4       want them to be able to tomorrow get that

         5       license and to be married under the laws of

         6       the State of New York and be given the equal

         7       rights that I have, that Daniel Squadron has,

         8       that many of us have in this chamber.

         9                  I'll be voting aye.  Thank you very

        10       much, Madam President.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you, Senator.

        13                  Senator Perkins.

        14                  SENATOR PERKINS:    Thank you,

        15       Madam President.  I'd like to take a moment to

        16       speak on the bill.

        17                  First, I'd like to say to Senator

        18       Duane, love you, brother.

        19                  To my Assemblyman and constituent

        20       Danny O'Donnell, thank you also.

        21                  You know -- and to the movement, I

        22       want to thank you for your vigilance and your

        23       push to get to us where we are today.  And you

        24       have made difference, and you've witnessed a



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         1       difference.  So it matters that you are here

         2       and you have made a historic moment for all of

         3       us.  So I want to thank you all for allowing

         4       me to indulge in this historic moment.

         5                  As I look around the room, history

         6       reminds me that more than half of the people

         7       in this room, Senator Montgomery, would not be

         8       here at another point in time.  That many of

         9       us have had the privilege of these types of

        10       movements that have made a difference, despite

        11       the obstacles that we've had to face.

        12                  Sometimes those obstacles have been

        13       presented to us in terms of religious

        14       ideology, racial prejudice.  However it may

        15       be, we've been always able to overcome, we've

        16       always been able to succeed.

        17                  So get ready, marriage equality is

        18       here.  And it is inevitable.  And you will be

        19       married.  And Pam will be at the wedding, she

        20       promised me.  As a matter of fact,

        21       November 28th we celebrated our 11th wedding

        22       anniversary.  And we were destined to be

        23       someplace else; she decided it was best for us

        24       to be here, to make sure that we were a part



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         1       of this historic moment.

         2                  You know, one of my colleagues,

         3       Senator Bonacic, said to me "This is a great

         4       moment for our democracy.  It's a great moment

         5       for our institution."  And he's absolutely

         6       right.  And it's absolutely -- no matter how

         7       this turns out, we have made history today.

         8       We have been a part of a historic moment

         9       today.  And it is inevitable that we will be

        10       successful.

        11                  I want to say to Senator

        12       Hassell-Thompson, thank you for your courage

        13       in sharing your moment, your very special

        14       moment.  I know how you are.  And so that was

        15       very moving for me and encouraging for me to

        16       want to join you in speaking out and making

        17       sure that, for the record, my voice was heard.

        18                  I look forward to the vote.  I look

        19       forward to the change that is inevitable, if

        20       not today, tomorrow.  But nevertheless, it is

        21       a change that's going to come.  And I can see

        22       Dr. Martin Luther King smiling down on us

        23       today in recognition that his sacrifice was

        24       not in vain.



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         1                  I will be voting aye.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Thank you, Senator.

         4                  Senator Oppenheimer.

         5                  SENATOR OPPENHEIMER:    I guess I

         6       would like to start also by thanking the folks

         7       who have made this so real for us and made it

         8       an important issue for us to today be talking

         9       about at great length and coming to a vote on.

        10       You have been patient for years, and you

        11       finally said, We've been patient long enough,

        12       we need answers.  And so I'm glad we're doing

        13       this today.

        14                  And I'm hopeful for a positive

        15       outcome.  But no matter, this issue will be

        16       before us again, and hopefully sooner rather

        17       than later if it does not prevail today.

        18                  But other people have talked about

        19       things that I was going to talk about, so I'll

        20       just briefly mention that I feel strongly that

        21       certainly everyone is entitled to equal legal

        22       rights and protections and it doesn't exist in

        23       our government as far as survivorship, as far

        24       as retirement benefits, as far as



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         1       hospitalization, healthcare.  I mean, there's,

         2       what was it, a thousand different pieces of

         3       state government that are interfering with the

         4       rights which should be declared for all

         5       people.

         6                  It has been mentioned by Dave

         7       Valesky that this is most assuredly a civil

         8       issue, it is not a religious issue.  And it is

         9       clearly delineated in the bill that it is not

        10       a religious issue.

        11                  Some people have said to me it

        12       diminishes their marriage.  I don't understand

        13       that.  Because I have, as all of you know,

        14       been married many, many, many years.  And why

        15       would it diminish my marriage?  I have a very

        16       fine marriage.  I have four wonderful

        17       children.  I have many grandchildren.  Why

        18       does that -- I don't understand when people

        19       say that to me.

        20                  Now, almost all of us, I know, have

        21       friends who are lesbian or gay.  I mean, we

        22       certainly have many friends who are.  And they

        23       are, for the most part, in serious, committed

        24       relationships of long standing.



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         1                  And I don't understand why people

         2       wouldn't want folks like this who are stable,

         3       committed couples living in the house next to

         4       them.  They are stable people.  Isn't that

         5       what we want in our communities, to have

         6       people that have commitments to the community,

         7       to each other?

         8                  And I have to say I really admire

         9       the commitment and the loving relationship

        10       that I see between Louis and this big guy

        11       here.  It's a very beautiful thing to see.  I

        12       mean, I know sometimes there's discord, but

        13       hey, who of us doesn't have that in a

        14       long-term relationship.  But for the most

        15       part, it is just so warm and loving to see you

        16       guys together.  So, I mean, isn't this what we

        17       would want in our communities?

        18                  Liz spoke about being Jewish.  Now,

        19       one of the foundations of Judaism is something

        20       called tikkun olam.  And tikkun olam means,

        21       really, "repairing the world."  And we see

        22       that as perhaps the most important function

        23       that we have as Jews.  And that means that we

        24       have to, wherever we see discrimination or



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         1       hatred, we have to fight back.  And we have to

         2       see what we can do in order to repair, repair

         3       the world.

         4                  And I personally have witnessed

         5       hatred and discrimination.  I am very, very

         6       fortunate that my beloved husband, Martin, was

         7       able to escape Germany just prior to the

         8       Holocaust.  And sometimes people ask me am I

         9       related to this other person they know who's

        10       Oppenheimer, or this other person.  And I have

        11       to say no, because it is only my husband and

        12       his immediate family that got out from

        13       Germany.  The rest of the family did not get

        14       out.

        15                  So we personally live with an

        16       appreciation of the devastation that hatred

        17       and inhumanity can cause in the world, making

        18       it much more difficult for many of us to try

        19       and heal the world.

        20                  My rabbi has quoted Rashi, who is

        21       one of our great sages, who said "All of the

        22       Ten Commandments are important, but one is so

        23       significant that it makes all the others

        24       commentary."  I wonder which of us knows which



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         1       this is.  And that is to do unto others as you

         2       would have them do unto you.

         3                  Well, we all seem to be getting

         4       quite emotional and quite personal in our

         5       conversations today, but this does hit a chord

         6       for all of us.  And it is not just for the gay

         7       and lesbian community, it is for all of us,

         8       and a measure of all of our humanity.

         9                  So I want to thank Tom for his

        10       passion and for his consistency.  And he

        11       sometimes asks is he my equal.  He is more my

        12       equal.  And he is dear friend, as he is to so

        13       many of us in this chamber.  Thank you, Tom.

        14                  I'll be voting yes.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Thank you, Senator.

        17                  Senator Stavisky.

        18                  SENATOR STAVISKY:    Thank you,

        19       Madam President.

        20                  And yes, Tom, this one's for you

        21       and Louis, whom I consider both to be good

        22       friends.

        23                  I can sum it up in one sentence.  I

        24       can't stand here and oppose discrimination



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         1       based upon religion, sex, creed, national

         2       origin, race, whatever, and condone

         3       discrimination against gay people.

         4                  Thank you, Madam President.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Thank you, Senator.

         7                  Senator Smith.

         8                  SENATOR SMITH:    Thank you very

         9       much, Madam President.  Thank you to my

        10       colleagues.

        11                  Thank you to the advocates, many of

        12       you who I know, many of you who have traveled

        13       across this country on behalf of this issue.

        14                  To Senator Tom Duane, who I know

        15       has put up with a lot.  You've put up with

        16       disappointment, you've put up with being

        17       misled, you've put up with arrogance, and

        18       you've put up with those who represent

        19       themselves to you as friends and sometimes are

        20       not.  I thank you for being disciplined and

        21       standing strong enough to move through all of

        22       this.

        23                  To my colleagues on this side of

        24       the aisle, the interesting thing is throughout



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         1       these last months people have come to me from

         2       time to time and asked me the question:  "Why

         3       are you supporting marriage?"  And when I

         4       would ask the question back to them "Why not?"

         5       a good number of them would retreat to the

         6       Bible.  And they would tell me, "Well, the

         7       Bible says it is wrong."

         8                  What is wrong is not knowing what

         9       the Bible says and retreating to it.  The

        10       Bible does not say same-sex marriage is wrong.

        11       The Bible talks about the importance of

        12       individuals and the importance of

        13       relationships and fairness and understanding

        14       one another and what is wrong is when you

        15       quote the Bible for your own purposes.

        16                  My suggestion to you, for those who

        17       call themselves Christian and fear the wrath

        18       of Christian results when you are not being

        19       honest and fair, is please don't quote the

        20       Bible or refer to it if you are not clear of

        21       what it really means.

        22                  Today is a question also about

        23       leadership.  As Senator Espada explained, it

        24       would be real easy for a number of us to say,



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         1       "Well, polling in my district says this issue

         2       is not fashionable."  I can retreat right to

         3       my church, 23,000 members in my church, who as

         4       a person who's very involved in my church, as

         5       trustee for my church, one who plays a major

         6       role in my church, it would be easy for me to

         7       hide behind that and say "Well, I can't do

         8       this because of my religious relationships."

         9                  Well, I submit to you that is

        10       exactly why I can vote yes on this bill.

        11       Because of my religious relationships, because

        12       of my religious conviction, because I

        13       understand discrimination.

        14                  I believe in some form or fashion

        15       everyone in this chamber has experienced

        16       discrimination.  It's easy to talk about it

        17       from the African-American standpoint.

        18                  But I would daresay, when you

        19       experienced discrimination, it hurt.  When

        20       someone came to you, whether it was because of

        21       your ethnic background, your religious

        22       background, your ideological beliefs and said

        23       to you, in your face, no, because of those

        24       reasons, it hurt.  Especially when you know in



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         1       your heart it was the right thing to do.

         2                  I have a colleague who worked for

         3       me, Shawn Thompson, my former deputy

         4       secretary.  So this day, him and his partner,

         5       who are expecting twins, cannot marry and

         6       complete their family.  They are expecting

         7       twins, him and his partner, Tom.  The

         8       completion of the family unit is not only

         9       children but being able to have that marriage

        10       bond.

        11                  And Tom and his colleagues and we

        12       are not asking you to do anything other than

        13       to give them that right.  Everybody brings up

        14       religion.  Everybody starts talking about, oh,

        15       the church.  This is not a challenge to the

        16       church.  A challenge to the church is when one

        17       walks into that room and says that they

        18       believe in a religious doctrine and know they

        19       have no faith at all.

        20                  Well, I have faith in Tom.  I have

        21       faith in each and every one of you.  I have

        22       faith in Shawn Thompson.  I have faith in

        23       individuals in my family who are looking to

        24       get married, who I want to be able to stand



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         1       next to them when they get married.  I want to

         2       be able to say to them "You have the same

         3       rights as I have," as everyone talked about

         4       here.

         5                  The world was going to cave in,

         6       Senator Adams, when they talked about civil

         7       rights.  Senator Breslin, the world was

         8       supposed to come to an end when they talked

         9       about granting me voting rights.  The world

        10       was supposed to come to an end when SONDA in

        11       2002 was passed, Tom.

        12                  But yet and still, here we all are.

        13       We still go home, we have Thanksgiving, we

        14       enjoy the holiday season, we enjoy our

        15       vacations, we enjoy each other.  Nothing has

        16       changed.  What has changed is a person -- and

        17       this is what I'm asking you -- a person's

        18       individual right to feel good about

        19       themselves.

        20                  Do you know how it feels when you

        21       walk into a room as a Senator and people turn

        22       their head and look at you and you stand up

        23       proud, yes, I'm a Senator from the State of

        24       New York?



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         1                  SENATOR LIBOUS:    We used to do

         2       that.

         3                  SENATOR SMITH:    That's because

         4       you feel about good about yourself.  Do you

         5       know how good Tom and Louis will feel and the

         6       gentlemen and the ladies up there if they can

         7       walk into a room and stand up proudly and say,

         8       "Yes, I am married too, I have that right"?

         9       That's what we're asking today.

        10                  And I believe that this is the day

        11       that history is going to record that the

        12       New York State Senate stood up and did what is

        13       right.  It takes one.  It takes one.

        14                  Rosa Parks was that one person,

        15       Tom.  If she did not say "I'm not going to the

        16       back of that bus," how much would not have

        17       changed, Senator Thompson?  If Harriet Tubman

        18       did not say "I'm going to move some people

        19       under that Underground Railroad," how many

        20       things would not have changed, Tom?

        21                  It is my belief that history is

        22       going to record today, and we will be able to

        23       proudly say, it took one.  Senator Tom Duane,

        24       who said I am not going to let this issue go



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         1       to rest.  Tom is not fighting for this because

         2       it's the political thing to do.  It's his

         3       life.  You've said to me at times, "Once I get

         4       this, Malcolm, I don't even know if I need to

         5       stay in the Senate anymore, because I would

         6       have done what I need to do for my life and

         7       for my family."

         8                  Colleagues, we need to do this

         9       today.  Not just a debate on the floor.  I

        10       don't subscribe to people saying, well, this

        11       is a win because there's a debate on the

        12       floor.  No, a win is 35 votes.  Debating this

        13       on the floor is wonderful for democracy, I'm

        14       happy about it as well.  But let's be the

        15       Senate that we have been.  Bring a bill to the

        16       floor that passes.

        17                  This is a day that history needs to

        18       record that the Senate in New York State did

        19       the right thing and did the right thing for

        20       the people of the state.

        21                  Thank you, Madam President.  I will

        22       be voting yes.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Thank you Senator Smith.



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         1                  Senator Duane, to close.

         2                  SENATOR DUANE:    Thank you, Madam

         3       President.

         4                  Thank you to everyone.  My

         5       colleagues, the ones who have spoken, the ones

         6       who haven't spoken.  Thank you to my

         7       colleagues who are for and against and

         8       undecided.  And let me be honest, maybe a

         9       little less to the ones who are against.

        10                  (Laughter.)

        11                  SENATOR DUANE:    There's still

        12       time to feel my gratitude in its fullness.

        13                  I want to thank you for your

        14       respect.  I want to thank you for your

        15       collegiality.  I want to thank you for your

        16       humor, your -- you know, your loss, sadness,

        17       happiness.  I want to thank you for letting me

        18       be angry when I've needed to -- I mean, okay,

        19       rage.  You let me have it.  I let you have it,

        20       you let me have it.  Thank you.

        21                  You know, you've -- I mean, you've

        22       let me, you know, be sad sometimes.  Some of

        23       you have seen that.  You know, I always bring

        24       my tissues with me.  I consider all of your



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         1       offices, you know, a cry-appropriate zone.  My

         2       office, tissues always out.

         3                  And, you know, and thank you for

         4       letting me have my inappropriate humor every

         5       once in a while too, between us (gesturing).

         6                  And thank you for your honesty to

         7       me, not just around this issue but on many

         8       issues.  But maybe especially on this issue of

         9       marriage.

        10                  I know that in some cases, with

        11       some of you, I may be the only one who knows

        12       about a family member or a friend -- mostly

        13       the family members, who you haven't told and

        14       you told me.  And, you know, I heard a new --

        15       thank you.  And for all the times when you

        16       felt that I was safe enough to share that with

        17       me, a family member, a friend.  Living,

        18       deceased.

        19                  You know, I have to say also just

        20       because -- your staffs.  My staffs.  Our

        21       conference staffs.  Members of the press.  I

        22       know that everyone tells you stuff and -- but

        23       I want to say thank you to everyone who felt

        24       that I was safe enough to share something --



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         1       things as personal as you've been willing to

         2       share with me.  It's an honor to -- that I'm

         3       humbled that you trusted me enough.  And I --

         4       I -- and your trust, I assure you and I know

         5       you know, is sacrosanct.

         6                  You know, I -- Louis would be here,

         7       but who knew what day we were doing this?  How

         8       could you plan?

         9                  (Laughter.)

        10                  SENATOR DUANE:    And, you know, I

        11       know -- you know, it's personal, it's not

        12       personal.  It is personal, though.  Right?  I

        13       mean, it is personal.  And, you know, thanks

        14       to the magic of the worldwide Internet

        15       superhighway, and just with the briefest of

        16       delays, I think he's probably watching.  I

        17       don't know where the camera -- they're

        18       everywhere.  Hi.

        19                  And, I mean, you know, maybe I

        20       could have planned it better, but, you know, I

        21       guess you know this about me.  You know, my

        22       passion, up until the last second, you know,

        23       I'm like a -- and I say this, you know, I like

        24       dogs -- I'm like a dog with a bone.  I



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         1       wouldn't let go of any of you up until the

         2       last -- the last second, I was still -- and

         3       you know what, there's still a few moments.  I

         4       may still grab a few arms and not let you go.

         5       Because I'm not -- because I don't -- I

         6       can't -- I don't give up.  I don't know how

         7       to.

         8                  You know, there's sort of a paradox

         9       about this.  You know, the -- you know, the

        10       time is never right for civil rights.  Right?

        11       The economy and wars and -- you know what,

        12       okay, push my shoulders down.  Everybody, push

        13       your shoulders down -- the troubles we've had

        14       here in the Senate.  There's never a good time

        15       for civil rights.  It's never, ever, ever the

        16       right time for civil rights.  I -- I know.  I

        17       get that.  But the paradox is it's always the

        18       time to be on the right side of history.

        19                  You know, I -- you know, for so

        20       many of you who agreed not to wait -- not to

        21       wait for California, not to wait for Maine,

        22       not to wait for Montana.  And not to wait for

        23       New Jersey.  We are beating New Jersey.

        24       Today.  We're beating them today.  They may



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         1       have the Jets, they may have the Giants, they

         2       are not taking this way from us.  We're

         3       beating New Jersey.

         4                  Unfortunately, we are behind Iowa,

         5       Massachusetts, Connecticut, Vermont.  I may

         6       have left one out, maybe not.  Washington,

         7       D.C.  Well, it's complicated.  But yes,

         8       Washington, D.C.

         9                  And, you know, Louis and I, we

        10       could go to Massachusetts; we talked about it.

        11       We could have gone to Canada, Vermont --

        12       lovely, the trees.  Particularly this year,

        13       except for I never knew when I would go away

        14       because we were always being called here, but

        15       just as well.

        16                  You know, and a lot of you have

        17       socialized with me and Louis.  You know, a lot

        18       of you have come to my district, and I hope

        19       I've showed you a good time.  And I have

        20       visited a lot of your districts.  I have met

        21       many, many of your spouses.  It goes without

        22       saying, Louis and I treated your spouses, I

        23       think, with respect and warmth, and -- and you

        24       treated us that way also.  Of course.  I mean,



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         1       I would expect no less.  Of course.

         2                  But now is the time to memorialize

         3       that.  Now is the time to put that into law.

         4       That the same way we have treated you and you

         5       have treated us, that that goes into law.  And

         6       that's on us today.

         7                  You know, I haven't had time to do

         8       this the past couple of years, but I -- I

         9       had -- actually, it's the thing I've missed

        10       the most in my life outside of this place, and

        11       that's that I've taught a high school civics

        12       class.  And I've loved it.  And being a

        13       teacher is incredibly hard work.  I don't

        14       think I could do it full time, it's too hard.

        15       It's really hard work, being a teacher.

        16                  But I teach a civics class.  By the

        17       way, years ago they thought marriage was

        18       already legal.  Like I would have a class on

        19       same-sex civil marriage and they were like,

        20       well, isn't that -- they already think it's

        21       happened, those kids.  I was like no, but --

        22       thank you, but no.  Hasn't happened yet.

        23       They're shocked.  Shocked.  Call MTV, it's

        24       not -- they're lying.



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         1                  Anyway, I -- I -- there's one

         2       class, I give them a pop quiz.  Which they

         3       hate.  They're like, "But you didn't tell us

         4       to read anything.  What do you mean, a pop

         5       quiz?"  So you know what the pop quiz is?

         6       Name three people you admire the most.  Now.

         7       I give them a time limit, they have to write

         8       it down, put their names on it, hand it in.

         9       Three people they admire the most.

        10                  I have to say mothers and

        11       fathers -- mothers, particularly, top

        12       vote-getters.  So -- and mine, me too.  But

        13       after that, after them, one is Nelson Mandela.

        14       I mean, he received the Nobel Peace Prize with

        15       de Klerk.  It wasn't a high enough honor for

        16       him.  I mean, I know it doesn't get any bigger

        17       than that, but Nelson Mandela, top on my list.

        18                  Harriet Tubman.  She would be

        19       bringing people north.  You know, there were

        20       no streetlights.  They were in darkness.  And

        21       they would travel at night, north, and she

        22       would say to them:  "Feel the trees.  The moss

        23       grows on the north side of the trees.  It's

        24       dark, but you can feel your way.  Feel the



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         1       moss on the north sides of the trees and keep

         2       going that way."

         3                  You know, okay, if we were around

         4       then and we didn't help people to find the

         5       moss on the north sides of the trees and come

         6       here to New York -- was one of the places they

         7       came to -- if we didn't help, wouldn't we want

         8       a do-over to fix that?  Wouldn't we want

         9       another chance?  Wouldn't we want a do-over?

        10                  I mean, this was -- you know,

        11       New Amsterdam was a place of tolerance.

        12                  Some of you maybe were -- actually,

        13       some of you were alive for this.  What did we

        14       do to Japanese-Americans and Italian-

        15       Americans?  We put them in camps.  We took

        16       away their property.  Men, women, children, we

        17       put them in camps.  We did that.

        18                  Wouldn't we want a do-over?

        19       Wouldn't we want a do-over?  Wouldn't we want

        20       to fix that?  Wouldn't we want a do-over?

        21                  You know, Chinese-Americans, women

        22       weren't allowed here.  Only Chinese men, no

        23       Chinese women.  I mean, the people responsible

        24       for that, I mean I hope they would want a



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         1       do-over; right?  I want to fix that.  We were

         2       wrong.

         3                  I don't want a do-over.  I don't

         4       think you want a do-over.  Let's not have a

         5       do-over.

         6                  You know, the third person on my

         7       list is Harvey Milk.  Before they made the

         8       movie.  An amazing leader and a flawed human

         9       being.  Right?  All of us leaders, and we're

        10       all flawed.  We wouldn't be here if we

        11       weren't.  We're leaders, and we're flawed.

        12                  I want to say, you know what, I was

        13       out maybe not before Harvey, but I think I

        14       might have been.  But I was out when Harvey

        15       Milk was around.  I have been gay a long time.

        16                  (Laughter.)

        17                  SENATOR DUANE:    I was going to

        18       say I'm an old gay.  I'm an aging gay.  I hope

        19       gracefully, but it's been tough here recently.

        20       But anyway, that's a whole other thing.

        21                  So okay.  This is my story.  I

        22       mean, you have family members, you have

        23       friends, it's their story too.  You know, if

        24       you're a child and, you know, you're



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         1       African-American or you're Chinese-American or

         2       you're Jewish and you go to school and the

         3       other kids on the playground say, you know,

         4       anti-Semitic things to you or something

         5       racist, what happens for that child, right?

         6       They go home, they talk to their parents or

         7       foster parents or grandparents, whoever the

         8       adults are in their lives, and they say, you

         9       know, "This is what happened to me in school

        10       today.  They called me this name.  They did

        11       that."  And then the adult, the parent, says

        12       to them:  "Well, that's terrible.  And that

        13       shouldn't happen."  And maybe they'll talk

        14       about great people in history who are members

        15       also of that group.

        16                  And chances are the adult actually

        17       looks like that or is the same as the child

        18       and what they use the epithet towards them

        19       about.  Right?  And maybe even that adult is

        20       going to go for the school and say "How could

        21       you let this happen?"  And "You need to stop

        22       this."  And -- to try the protect their child.

        23       To do anything to protect them, right?

        24       Wouldn't you do that?  Everybody would do that



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         1       for our children, right?  Of course.

         2                  But, you know, if you're a little

         3       gay kid or a questioning kid and someone does

         4       that to you on the playground, you know what

         5       happens?  You go home and you don't tell

         6       anyone.  Because you think what you are is so

         7       bad you can't even tell the adults in your

         8       life.  And some people it takes a very long

         9       time to get over it.  Sometimes people never

        10       get over it.

        11                  You know, this is a story that's

        12       very meaningful to Christine Quinn, who you --

        13       the speaker of the City Council, you know,

        14       who's just -- she's my best friend.  And we

        15       had a conversation once about why it's so

        16       important to be out and to say who you are.

        17       And you know why?  Because not doing it makes

        18       it seem like it's something you wouldn't want

        19       to be.  That's what's wrong with not saying

        20       who you are.  I don't think that -- I think --

        21       I mean, I hope -- I don't believe that anyone

        22       here wants to perpetuate that.

        23                  So, you know, I'm getting to be an

        24       older gay.  You know, I got a new gay hip.  I



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         1       need another gay hip.  You know, I hope I hope

         2       I'm growing old gracefully, but you have made

         3       it difficult for me.  But I'm still trying.

         4       So you know, anyway, so I'm an older gay.  But

         5       I know with your help and your support

         6       today -- today.  Not a do-over, not oh, we

         7       should have.  With your support today, today,

         8       soon I'm going to be a married gay.

         9                  Thank you.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Thank you, Senator Duane.

        12                  Are there any other Senators

        13       wishing to be heard?

        14                  Hearing none, the debate is closed.

        15       I ask the Secretary to ring the bell.

        16                  SENATOR LIBOUS:    Madam President.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Senator Libous.

        19                  SENATOR LIBOUS:    Could we please

        20       have a slow roll call on this legislation?

        21                  Would five members stand.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Yes, Senator Libous, seeing that five members

        24       have risen, a slow roll call has been called.



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         1                  SENATOR LIBOUS:    Thank you, Madam

         2       President.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       The Secretary will please, when you finish

         5       ringing the bell, call the roll slowly.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 5.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Call the roll slowly.

        11                  THE SECRETARY:    Senator Adams.

        12                  SENATOR ADAMS:    To explain my

        13       vote.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Adams, to explain his vote.

        16                  SENATOR ADAMS:    Thank you, Madam

        17       President.

        18                  I wasn't around to march with

        19       Dr. King.  I wasn't around to deal with some

        20       of the atrocities that happened to our

        21       Irish-Americans.  I wasn't around to deal with

        22       those issues with Italian-Americans.  I wasn't

        23       around when Harvey Milk came out.

        24                  I'm hoping that New York State



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         1       comes out of the closet and understands that

         2       all Americans deserve the right to marry who

         3       they love.  This is about love.

         4                  Go back in your mind and think of

         5       the time you met someone in your life, either

         6       your mate, your wife, your husband, and you

         7       looked in their eyes and you loved them and

         8       wanted them to be with you the rest of your

         9       life.  No matter how you feel about them now,

        10       at one time you wanted to marry them.

        11                  (Laughter.)

        12                  SENATOR ADAMS:    That's what this

        13       is about.  That's what this is about.  It is

        14       about two people being in love.  And we have

        15       no right to prevent that.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Adams to be recorded in the

        18       affirmative.

        19                  THE SECRETARY:    Senator Addabbo.

        20                  SENATOR ADDABBO:    No.

        21                  THE SECRETARY:    Senator Alesi.

        22                  SENATOR ALESI:    No.

        23                  THE SECRETARY:    Senator

        24       Aubertine.



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         1                  SENATOR AUBERTINE:    No.

         2                  THE SECRETARY:    Senator Bonacic.

         3                  SENATOR BONACIC:    No.

         4                  THE SECRETARY:    Senator Breslin.

         5                  SENATOR BRESLIN:    Yes.

         6                  THE SECRETARY:    Senator

         7       DeFrancisco.

         8                  SENATOR DeFRANCISCO:    No.

         9                  THE SECRETARY:    Senator Diaz.

        10                  SENATOR DIAZ:    To explain my

        11       vote.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Senator Diaz, to explain his vote.

        14                  SENATOR DIAZ:    Thank you.

        15                  I guess before I say how I'm going

        16       to vote that you all know, I have to refer

        17       myself to a statement that Senator Adams made.

        18                  And I would like all of you, the

        19       children that are listening, the youth that

        20       are listening, and the people that are

        21       listening, that this is the reason why the

        22       nation is the way it is, this is the reason

        23       why so many crimes, so many of the respect for

        24       the elderly, the respect for the private



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         1       property, crimes, all kind of things, is

         2       because of this statement that Senator Adams

         3       said:  "When I come through that door, I leave

         4       my Bible outside."

         5                  Don't, please.  Don't.  That's the

         6       wrong statement to send.  The Bible should

         7       never be left out.  You should carry your

         8       Bible all the time, like it to people or don't

         9       like it to people.

        10                  And Senator Malcolm Smith tried to

        11       lecture us on the Bible.  And I could give

        12       some -- I could make some passages from the

        13       Bible, but, however, more important than that

        14       is to keep your word and to commit your word

        15       and to keep your word.  And not to make

        16       other -- not to try to make other people as

        17       the bad guy when you don't want to do

        18       something, use other people to make them look

        19       as the bad guy.

        20                  So, Senator Smith, it is better to

        21       keep your word before lecturing about the

        22       Bible.

        23                  And, Madam President, I said many

        24       people that according to their religion that



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         1       don't go with this.  I just forgot to say that

         2       also President Barack Obama, Senator Hillary

         3       Clinton, and President Bill Clinton, I am

         4       joining them in voting no.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Ruben Diaz to be recorded in the

         7       negative.

         8                  THE SECRETARY:    Senator Dilan.

         9                  SENATOR DILAN:    Madam President,

        10       I vote yes.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Senator Dilan will be recorded in the

        13       affirmative.

        14                  THE SECRETARY:    Senator Duane.

        15                  SENATOR DUANE:    I just need to

        16       correct a couple of things.

        17                  Actually, former President Bill

        18       Clinton is now for same-sex civil marriage.  I

        19       guess he wants a do-over.

        20                  And senator -- former state senator

        21       Barack Obama, now President Barack Obama, when

        22       he was in the state senate, though there's

        23       some controversy about this, is -- I'm not

        24       going to say anything more.



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         1                  I vote yes, Madam President.

         2                  (Laughter.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Duane to be recorded in the

         5       affirmative.

         6                  THE SECRETARY:    Senator Espada.

         7                  SENATOR ESPADA:    Madam President,

         8       yes as to this bill and yes as to as many

         9       do-overs as is necessary to get us home.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Senator Espada to be recorded in the

        12       affirmative.

        13                  THE SECRETARY:    Senator Farley.

        14                  SENATOR FARLEY:    No.

        15                  THE SECRETARY:    Senator Flanagan.

        16                  SENATOR FLANAGAN:    No.

        17                  THE SECRETARY:    Senator Foley.

        18                  SENATOR FOLEY:    Yes.

        19                  THE SECRETARY:    Senator

        20       Fuschillo.

        21                  SENATOR FUSCHILLO:    No.

        22                  THE SECRETARY:    Senator Golden.

        23                  SENATOR GOLDEN:    No.

        24                  THE SECRETARY:    Senator Griffo.



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         1                  SENATOR GRIFFO:    No.

         2                  THE SECRETARY:    Senator Hannon.

         3                  SENATOR HANNON:    No.

         4                  THE SECRETARY:    Senator

         5       Hassell-Thompson.

         6                  SENATOR HASSELL-THOMPSON:    Yes.

         7                  THE SECRETARY:    Senator Huntley.

         8                  SENATOR HUNTLEY:    No.

         9                  THE SECRETARY:    Senator C.

        10       Johnson.

        11                  SENATOR CRAIG JOHNSON:    Yes.

        12                  THE SECRETARY:    Senator O.

        13       Johnson.

        14                  SENATOR OWEN JOHNSON:    No.

        15                  THE SECRETARY:    Senator Klein.

        16                  SENATOR KLEIN:    Yes.

        17                  THE SECRETARY:    Senator

        18       L. Krueger.

        19                  SENATOR LIZ KRUEGER:    Yes.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Krueger, to explain her vote.

        22                  SENATOR LIZ KRUEGER:    No

        23       explanation.  Yes.

        24                  Thank you.



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         1                  THE SECRETARY:    Senator C.

         2       Kruger.

         3                  SENATOR CARL KRUGER:    No.

         4                  THE SECRETARY:    Senator Lanza.

         5                  SENATOR LANZA:    No.

         6                  THE SECRETARY:    Senator Larkin.

         7                  SENATOR LARKIN:    No.

         8                  THE SECRETARY:    Senator LaValle.

         9                  SENATOR LaVALLE:    No.

        10                  THE SECRETARY:    Senator Leibell.

        11                  SENATOR LEIBELL:    No.

        12                  THE SECRETARY:    Senator Libous.

        13                  SENATOR LIBOUS:    No.

        14                  THE SECRETARY:    Senator Little.

        15                  SENATOR LITTLE:    No.

        16                  THE SECRETARY:    Senator

        17       Marcellino.

        18                  SENATOR MARCELLINO:    No.

        19                  THE SECRETARY:    Senator Maziarz.

        20                  SENATOR MAZIARZ:    No.

        21                  THE SECRETARY:    Senator McDonald.

        22                  SENATOR McDONALD:    No.

        23                  THE SECRETARY:    Senator

        24       Monserrate.



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         1                  SENATOR MONSERRATE:    No.

         2                  THE SECRETARY:    Senator

         3       Montgomery.

         4                  SENATOR MONTGOMERY:    Yes.

         5                  THE SECRETARY:    Senator Morahan.

         6                  SENATOR MORAHAN:    No.

         7                  THE SECRETARY:    Senator Nozzolio.

         8                  SENATOR NOZZOLIO:    No.

         9                  THE SECRETARY:    Senator Onorato.

        10                  SENATOR ONORATO:    No.

        11                  THE SECRETARY:    Senator

        12       Oppenheimer.

        13                  SENATOR OPPENHEIMER:    Aye.

        14                  THE SECRETARY:    Senator Padavan.

        15                  SENATOR PADAVAN:    No.

        16                  THE SECRETARY:    Senator Parker.

        17                  SENATOR PARKER:    To explain my

        18       vote, Madam President.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Parker, to explain his vote.

        21                  SENATOR PARKER:    A couple of

        22       things.

        23                  I'm voting yes on this bill, and

        24       proudly.



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         1                  I want to just remind people in

         2       this chamber and just implore them too as we

         3       come down the backstretch of the roll call, I

         4       know that, first, you know, there's some

         5       people who think that we can legislate

         6       morality.

         7                  I have never seen, properly, a

         8       legislature, whether it was Congress or a

         9       state legislature, properly legislate

        10       morality.

        11                  And as we do that, we ought to

        12       remember that there are a lot of people who we

        13       represent who don't share our morality.

        14       People also ought to be aware that Islam is

        15       the fastest-growing religion in the United

        16       States.

        17                  So as you start, you know, using

        18       this as a way to start talking about, you

        19       know, legislating morality, understand that

        20       the dynamics in our districts and the morality

        21       of a place -- especially in a state like

        22       New York, where there's large immigrant

        23       populations, those things can change extremely

        24       quickly.



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         1                  So you might want to continue to do

         2       what the founders at least espoused, if they

         3       didn't do it in practice, which is to have an

         4       America that is open.  And that's what this is

         5       about, is to have the openness so that people

         6       can express whatever they want to as long as

         7       it doesn't interfere with others.

         8                  What we're doing today is an

         9       opportunity to expand America and to give more

        10       people rights.  But it doesn't interfere with

        11       anybody else's right.

        12                  Lastly, some people in here I know

        13       are afraid of their political futures.  There

        14       is maybe four examples in the history of

        15       New York State where people have lost

        16       elections over one issue or one vote in the

        17       Legislature, maybe four in the thousands of

        18       people who have come through this chamber.  No

        19       one is going lose their election.

        20                  So anybody who's hiding behind "I

        21       have a primary" or "I have an election," you

        22       know, frankly those are poor excuses for

        23       people not to do the right thing.

        24                  This is the right thing to do, and



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         1       we should do it now.  I proudly vote aye.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Senator Parker to be recorded in the

         4       affirmative.

         5                  THE SECRETARY:    Senator Perkins.

         6                  SENATOR PERKINS:    Be excused to

         7       explain my vote?

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Perkins, to explain his vote.

        10                  SENATOR PERKINS:    In his book

        11       Strength to Love, Dr. Martin Luther King wrote

        12       this about the separation of church and state:

        13       "The church must be reminded that it is not

        14       the master or the servant of the state but

        15       rather the conscience of the state."

        16                  In other words, regardless of our

        17       religious views on same-sex marriage, the

        18       pluralism of the USA and the

        19       Constitution-granted equality and equal access

        20       require commitment to the civil rights of all

        21       citizens.

        22                  I vote aye.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Senator Perkins to be recorded in the



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         1       affirmative.

         2                  THE SECRETARY:    Senator

         3       Ranzenhofer.

         4                  SENATOR RANZENHOFER:    No.

         5                  THE SECRETARY:    Senator Robach.

         6                  SENATOR ROBACH:    No.

         7                  THE SECRETARY:    Senator Saland.

         8                  SENATOR SALAND:    No.

         9                  THE SECRETARY:    Senator Sampson.

        10                  SENATOR SAMPSON:    Yes.

        11                  THE SECRETARY:    Senator Savino.

        12                  SENATOR SAVINO:    Yes.

        13                  THE SECRETARY:    Senator

        14       Schneiderman.

        15                  SENATOR SCHNEIDERMAN:    Yes.

        16                  THE SECRETARY:    Senator Serrano.

        17                  SENATOR SERRANO:    Yes.

        18                  THE SECRETARY:    Senator Seward.

        19                  SENATOR SEWARD:    No.

        20                  THE SECRETARY:    Senator Skelos.

        21                  SENATOR SKELOS:    No.

        22                  THE SECRETARY:    Senator Smith.

        23                  SENATOR SMITH:    Yes.

        24                  THE SECRETARY:    Senator Squadron.



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         1                  SENATOR SQUADRON:    Yes.

         2                  THE SECRETARY:    Senator

         3       Stachowski.

         4                  SENATOR STACHOWSKI:    No.

         5                  THE SECRETARY:    Senator Stavisky.

         6                  SENATOR STAVISKY:    Yes.

         7                  THE SECRETARY:    Senator

         8       Stewart-Cousins.

         9                  SENATOR STEWART-COUSINS:    Yes.

        10                  THE SECRETARY:    Senator Thompson.

        11                  SENATOR THOMPSON:    Yes.

        12                  THE SECRETARY:    Senator Valesky.

        13                  SENATOR VALESKY:    Yes.

        14                  THE SECRETARY:    Senator Volker.

        15                  SENATOR VOLKER:    No.

        16                  THE SECRETARY:    Senator Winner.

        17                  SENATOR WINNER:    No.

        18                  THE SECRETARY:    Senator Young.

        19                  SENATOR YOUNG:    No.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 24.  Nays,

        23       38.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The bill is lost.

         2                  Senator Smith.

         3                  SENATOR SMITH:    Madam President,

         4       is there any further business at the desk?

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       No, Senator Smith, that completes the

         7       controversial calendar of Extraordinary

         8       Session 4.

         9                  SENATOR SMITH:    There being none,

        10       I move that we adjourn subject to the call of

        11       the Temporary President, intervening days to

        12       be legislative days.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Subject to the call of the Temporary

        15       President, the Senate stands adjourned,

        16       intervening days being legislative days.

        17                  (Whereupon, at 2:55 p.m., the

        18       Senate adjourned.)

        19

        20

        21

        22

        23

        24



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