NYS Senator Tom Duane at 3am this morning...

One truly hopes that the travesty that was this summer's session in the New York State Senate has a silver lining. Namely that the shame that the circus-like proceedings brought upon the legislative body will result in prompt and drastic changes to the way New York State is governed (not that I am holding my breath, but one does hope).

In the meantime, there is this 22-minute video taken shortly after 3am this morning, in which my long-time hero (and State Senator) Thomas K. Duane lets it rip on the state of HIV/AIDS today as he pitched a bill that would help people with the illness to meet their rent.

It was first picked up by Elizabeth Benjamin over at the New York Daily News, who posted the following video transcript excerpt:

Let me take you back to the early eighties. Visiting friends in hospitals. We'd go in. We'd go in one night, in the morning they'd be dead. I'd bring them food. My family, bring them food. My friends bring someone food. But whoever was in bed would be dead before they could eat it.

We'd leave it - maybe the nurses would take it home. No! They wouldn't eat it! 'Cause it's contaminated. Contaminated! Wouldn't touch it. Wouldn't go into the room. Wearing masks. Gloves! Gowns! Someone gets sick in the afternoon. They'd be dead the next day. Dead! And that went on for months, and then years. Dead! Dead!

You think if you got sick and your friends were dying that I would sit there and do nothing? No. But that's what happened. That's what happened. Every cold. Every virus. Every temperature. I thought I'd be dead, and so did so many people that I knew. Dead! You think you scare me? You think you can make be back off? Nothing scares me.

The bill, one of the last ones to be brought to a vote in the State Senate floor during this spectacularly awful session, was approved by an amazing margin of 52-1, and had former senate Democrat defectors Hiram Monserrate and Pedro Espada up on their feet and applauding. It still needs Assembly approval before being sent to the governor to sign into law.

Now, I don't usually write about what all the other gay or LGBT blogs are writing about (in part because few cover LGBT Latino issues in English and because others might have a better take than I would on issues such as "Don't Ask, Don't Tell" or "Hate Crimes"). But I have to say that I was struck by the number of times that I was sent a link to the video today and asked if I could write about it. I was first made aware of it by POZ magazine founder and publisher Sean Strub but, since then, a number of folk have reached out as well. Most of them moved by the speech and alerting me to it.

In less than 24 hours, it's become a rallying cry. Which - without taking away from the powerful message - says a lot about what it takes for folk to listen to anything related to HIV/AIDS nowadays.

But the right people have taken notice and have rightfully picked up on Duane's 3am comments. Among them Andy Towle, The Village Voice's Runnin' Scared, The Albany Times-Union Capitol Confidential, Peter Staley's POZ magazine online blog, Gotham Gazette and Outcome Buffalo.

Let them - and others - carry the voice: AIDS is not over!

Update: Rex Wockner says it better than I did on his post on the video above.

• We have an obligation (Rex Wockner)

Update 2: Mike Tidmus does as well, in an amazingly moving post.

• The passion of Tom Duane (Mike Tidmus)

Who is the real racist, Senator Diaz?

So the crazy Albany power-play seems to be over and the marriage equality bill seems as up-in-the-air - as it was when the whole circus came to town - despite the fact that Democrats seem to have regained control ("What the Senate Democratic win means", Gay City News, July 9, 2009).

Still, one fact remains: Senator Ruben Diaz, Sr. (who happens to be a Pentecostal minister and is the leading marriage equality foe in the state senate) is still a homophobic asshole.

Now, before you get your socks all knotted up over me calling a preacher an "asshole", please consider this report from earlier in the week.

The Reverend using the word "asshole" to describe one of his colleagues was actually the least of it! In that same press statement he called Democratic State Senator Jeff Klein a racist for criticizing the upheaval in Albany as being detrimental to public policy:

State Senator Rev. Ruben Diaz, President of the New York State Senate Puerto Rican/Latino Caucus, is demanding an apology from Senator Jeff Klein’s statement calling them “irrelevant” and “people like that”. By saying “people like that” does he mean Hispanic or what?

Klein actually replied and said that his statements had been taken out of context. If only he had checked up on what the Reverend had said recently to Spanish-language media!

On Wednesday - and before things in Albany had settled - El Diario La Prensa printed a Spanish-language article titled "Democratic cat-fight in the Senate". In it, they quoted Diaz as follows:

"If this is not resolved in good terms, it will be done on bad terms," he said, "If the little Republican whiteys [si los blanquitos republicanos] recognize this, why wouldn't we as well?"

Ah! Reverend Diaz never failing to disappoint! And getting a free pass on his own racism to boot! Apparently he's emerged as a winner in the Senate fracas as well.

As for the marriage equality bill, the New York Times reports tonight that it's been put on hold ("With NY Senate astir, Paterson will delay same-sex marriage bill").

Previously:

• Sen. Ruben Diaz, Sr.: Blame Michael Bloomberg for the lack of marriage equality in New York

In Albany, one very good thing about one very bad mess

If you haven't heard: New York State Democratic Senators Pedro Espada and Hiram Monserrate, who face potentially career-ending legal battles in the near future, seem to have pulled a leadership coup d'état by voting with Senate Republicans to remove current Democratic Majority Leader Malcom Smith, and replace him with Republican State Senator Dean Skelos.

Caught way off-guard, Smith has argued that the vote is worthless since he says it came after Monday's session had ended - an argument that has been challenged - and has said that he will not step back on the Senate floor unless he is assured that it won't be governed by "unlawful rules." The politerati pretty much agree that -legal argument viable or not - Smith is toast.

Doors to the Senate Chamber have been under lock and paddle since Monday evening (photo credit: Daily News).

What a mess, you may say! And so do I! But lost in the whole melee was that yesterday was the date chosen by anti-gay groups for their "Stand 4 Marriage Rally" and lobby day trip to Albany!

Yes! Yesterday was supposed to be the big launch of the united forces against equality campaign in New York. Yesterday was the day that the homophobic National Organization for Marriage's Maggie Gallagher was supposed to stand in a loving embrace with homophobic State Senator Ruben Diaz, Sr. and blow anti-gay kisses towards the legislative chambers. Yesterday was the day that Michael Long, Chairman of the State Conservative Party; Tony Perkins, president of the Family Research Council; Bishop Harry Jackson, Jr. of the High Impact Leadership Coalition; Rev. Duane Motely of New Yorkers for Constitutional Freedoms; Democratic Assemblymember Michael Benjamin; and Republican State Senator Marty Golden were all supposed to urge the Senate not to allow a marriage bill on the floor and to oppose it if it it ever came up for a vote.

Oh noes! So sad! NOMfail! Again.

To be sure, there were probably other community groups who planned to lobby for worthwhile bills and causes this week and you have to feel bad for them for the energy spent herding participants and expenses spent on transportation and such. But how great is it that NOM gets there only to find the doors shut down?

Mediawise, the groups also laid a big fat egg. I found only a few articles with The Legislative Gazette naming some of the speakers who attended, and Capital News 9 saying that hundreds showed up.


Today Jeremy at Good As You posted the YouTube video above from Capital 9 News as well as some image captures. They show a good crowd but it's difficult to estimate whether there are the 1,000 that some conservative groups have estimated. ChinoBlanco, who originally posted the video online, called it "a flop."

So, let's say that you go to Albany to lobby your State Senators but there are no State Senators to lobby. What do you do? Well, paint a smiley face on the whole thing and call it a success, of course.

See the Rev. Duane Motley of New Yorkers for Constitutional Freedoms in the video telling the crowd "What God has done is dropped a huge boulder in the path of the same sex-marriage bill yesterday, when the Senate coup took place."

Apparently he felt that a Republican-led power play meant that the Senate marriage bill was dead on arrival during the current session.


Oops! Good luckwith that! The man on the video above is non other than former Senate Majority Leader Joseph Bruno, a Republican who was perhaps one of three of the most powerful politicians in the state until he resigned last year. He is facing indictments in several corruption charges which he has vowed to prove unfounded, but is still held in high-esteem by a large number of State Republican Senators.

More than a few jaws hit the ground when word came that Bruno was backing marriage equality. Rod at Manhattan Offender simply said "Words Fail", Joe at Joe.My.God said "THUD" and Andy Towleroad wrote "The times are changing, and quickly."

Longtime LGBT rights advocate Michelangelo Singorile, who hosts a daily radio show on Sirius, wrote that "Hell Has Frozen Over" and described Bruno as "a man who held up a gay rights bill for years, without allowing a vote and has been a fierce foe of gay rights". He added:

Now we have Bruno coming out for marriage for gays and lesbians -- a man who still has a lot of influence among Republicans in the State Senate -- and actually agreeing to speak out and try to sway Republicans (we only need four Republicans or so to win this) at Governor Paterson's request on the issue. I think it's clear that they see the handwriting on the wall: The entire Northeast has gone for marriage equality, while, on a variety of issues, the Republican Party is having a moment of truth nationally and surely in the region. There will soon only be two Republicans in New York State's Congressional delegation, as the national party went further to the right and people in New York just weren't going to go there.

Indeed! And that Bruno video certainly added to the NOMfail Tuesday atmosphere. Amazing that a marriage equality bill might come to the State Senate floor as soon as next week, as a result of a Republican power-play, and that it has better chances to pass today than even last week, thanks to Republican pressure on State Republican Senators. Only in New York, folks! Although it ust be said that everything is still up in the air and that everything might change again.

Gang of Three deal kaput; "Real reform cannot and should not ever include limiting the civil rights of any New Yorkers," says Smith

In a stunning turnaround, Senate Democratic Leader Malcom Smith announced this morning that the deal he had brokered with the so-called "Gang of Three" to get their backing for State Senate Majority Leader come January is all but dead.

The deal would allegedly have come at the expense of a same-sex marriage bill that had been expected to be introduced in the upcoming legislative term.

Now we have this statement from Smith:

Today I am announcing that the Democratic Members of the Senate have elected to cease negotiations on reorganization matters with all three Senators as discussed both in private and in the press. We are suspending negotiations, effective immediately, because to do so otherwise would reduce our moral standing and the long-term Senate Democratic commitment to reform and to change. We believe that ultimately, we must do what is right for the people of the State of New York. Furthermore, real reform cannot and should not ever include limiting the civil rights of any New Yorkers. Those issues must be part of the legislative process.

The members of this Conference have come a long way to consider the demands placed on the table. But frankly, we would rather wait two more years to take charge of the Senate than to simply serve the interests of the few. New York State cannot afford the type of self-serving politics being proposed and I will not be the leader to sacrifice what is right for New York for a quick political solution.

The Empire State Pride Agenda, the leading LGBT-rights organization in New York State, also has a statement out from Alan Van Capelle, their Executive Director:

We applaud Senator Malcolm Smith’s ongoing efforts to lead the new Senate Majority that voters chose during the recent elections. By stating that reform in the Senate cannot include bargaining away civil rights, Senator Smith has once again demonstrated his commitment to standing up for all New Yorkers.

The Pride Agenda looks forward to continuing to work with Senator Smith when the legislative session starts. In the meantime we will be working with legislative leaders—Democrats and Republicans—and continuing to do what we’ve been doing all along: working with our community and our allies across New York, including those from communities of faith and organized labor, to earn the votes we need to bring the marriage equality bill to the floor of the Senate for passage.

For their part, the Gang is reacting to the morning's announcement with the Reverend Ruben Diaz, Sr., claiming that they were the ones to break up the deal and, as only as he can do, painting the developments as an anti-Hispanic move by Smith and Pedro Espada saying that Smith is not ready for prime time.

By the way, Diaz is also doing what he does best: Blaming the gays! [h/t Joe.My.God], telling the New York Daily News' Elizabeth Benjamin the following:

The gays are calling my office. They're jamming my phones. They're going to see what we can do. They've going to see exactly what we can do. Ed Koch is going to see what we can do. They're just going to see. That is what I'm telling you.

I guess Jeff Campagnia's phone-in campaign must have gotten under his skin. Pardon my French, but what an asshole. This man needs to be run out of office ASAP.

I wish I could say, as other bloggers are saying out there, that Smith finally grew a spine and decided to stand on his principles. I certainly respected him a great deal before this mess began. Unfortunately, I am afraid that the collapse of the 'deal' is more a representation of how unattainable his promises to the 'Gang of Three' had become in light of increasing anger from Democrats of what the 'deal' would cost. Smith certainly comes off looking worse than when this began.

Here is some of the coverage of today's developments:

• Smith: Deal off with dissident NY Senate Democrats (AP)
  
• Senate Democratic deal collapses (NY Times City Room Blog)
  
• Democrats may not gain control of New York State after all, as Gang of Three get too greedy (New York Daily News)
  
• Collpse of State Senate deal reopens infighting (Buffalo News)
  

NYS Senate Leader-elect Espada: 'Not happy' that same-sex marriage bill might be shelved

The latest -

From Elizabeth Benjamin's blog at the NY Daily News:

NYS Senator-elect Hiram Monserrate, who abandoned the then-'Gang of Four' before the 'Gang of Three' emerged with a deal might be one of the biggest losers in the way that things have played out so far.

Rumors that a New York State same-sex marriage bill might be put on hold as a result of the deal-making seem to be true.

Openly gay State Senator Thomas K. Duane says that he will support Malcom Smith as the State Senate Democratic leader (his official title would be president pro tempore) even if the marriage bill is held off as a result of the Gang of Three deal.

Also, after a behind-the-doors meeting that took place this morning in Albany in which Smith allegedly spelled out details of the deal, senate leaders emerged saying that they were "united" behind Smith. There are still wildly conflicting reports as to what was promised and what was not set in stone.

In the meantime Gay City News has this: "Advocates Thread Carefully Responding to NYS Senate Ledareship Deal."

From that article, an exclusive quote from Alan Van Capelle, Executive Director of the Empire State Pride Agenda:

Not one single senator has told me that as part of the deal that was reached there was an agreement to delay the timing for marriage.... Malcolm Smith has earned the opportunity for our community to give him a chance to explain what the deal is. I am going to give him the benefit of the doubt for now. But I am not going to waste one minute - I will continue to be talking to senators in their districts and in Albany about this issue.

Espada says he is not happy about chances that a same-sex marriage bill might be shelved: Finally, as I've been saying, the man who would be Senate Leader has, in the past, not shown homophobic proclivities.

In a New York 1 report posted today, Pedro Espada talks about being poised to become the first Hispanic State Senate Democratic leader and says this about the same-sex marriage bill:

I am not happy about it. And I don't expect the advocates who are in favor of same sex marriage to be happy, nor should they be.

So all of a sudden the Gang of Three doesn't seem as monolithic on the same-sex marriage issue. Perhaps there is light in the midst of all the wheeling and dealing.

El Diario La Prensa on 'Gang of Three' deal, NYS same-sex marriage bill

For the second time in less than a month, El Diario La Prensa, New York City's largest Spanish-language newspaper, has come out inf favor of a bill granting same-sex couples the right to marry.

In "Representation that Counts" the paper's editors warily welcome the power-sharing deal that three dissident Democratic State Senators grabbed yesterday as a condition of getting back into the Democratic fold.

On the issue of Latino empowerment, [Ruben] Diaz and [Pedro] Espada Jr. both complained, and rightfully so, about the under-representation of Hispanics in government. They may have succeeded in beginning to turn a page. And they have an opportunity here to build momentum not only for increasing representation, and the quality of it, but ensuring that it yields effective policies and resources for families struggling to get by every day.

But they also take exception on one specific issue: Same-sex marriage.

But what is troublesome is that Democrats will not put gay marriage on the table any time soon, to Diaz’s relief and the disappointment of people who have been denied this right.

On November 11th, in the wake of the passage of Proposition 8 in California, the paper unequivocally stood behind marriage rights for same-sex couples in New York for the first time ("A stand for same-sex marriage"):

...there are loud voices, among them State Senator Ruben Diaz, who threaten to thwart any legislation that would allow same-sex marriage in New York.

Rev. Diaz and others are supposedly not for denying rights to gays and lesbians but believe that marriage should be between a man and woman. Yet, it’s this very discriminatory position that serves to exclude lesbian and gay couples from accessing rights, benefits and treatment that heterosexuals take for granted.

This use of religious beliefs to block basic civil rights undermines the separation of church and state in this nation. The basis of that separation lies in the experience of early American colonists who had fled religious persecution elsewhere to pursue tolerance and freedom in the “new” world.

At the time I noted that it was striking that the paper had rightly singled out Diaz for scorn on this issue. In a terse response posted at the Room 8 blog, Diaz returned the favor by railing against El Diario, New York State Governor David Paterson and Hillary Clinton - while praising Republican leaders ("In total disagreement with El Diario La Prensa").

One of The Gang's most compelling criticisms before they ended their stalemate yesterday was the lack of Latino leadership in what was shaping up as the axis of power in Albany for the next few years. But is showering them with perks and titles the best way to increase Latino representation or just a reward for their intransigence and self-serving moves?

Guess which three Democrats have learned that they can grand-stand their way to power the next time the Democratic Senate majority stands in the way of one of their pet projects.

Update: Today's New York Times on the deal ("3 Senate Democrats End Holdout in Return for Power Sharing"):

More important, said people involved in the negotiations, Mr. [Ruben] Díaz is now confident that there will be no vote in the Senate next year on legislation to legalize gay marriage, something which most Senate Democrats support but which Mr. Diaz strongly opposes.

Word of the potential retreat on a same-sex marriage legislation disappointed some backers of equal treatment for gay people.

“All civil rights movements have moments where they move forward, and moments of perceived setbacks,” said Assemblyman Daniel J. O’Donnell of Manhattan. “If in fact our civil rights were bargained away, that’s deplorable. But in the end, I think justice and fairness will prevail.”

Update: Same-sex marriage bill not in the pipeline as NYS 'Gang of Three' end stalemate

A flurry of activity emerged today regarding the so-called Gang of Three.

For those of you not up to date: After Democrats gained a slight majority in the State Senate in the November elections, three Democratic Senators threatened to vote with the Republican minority and not to support Democrat Malcom Smith as majority leader come January unless they got some needs met and their egos stroked.

For State Senator (and Pentecostal minister) Ruben Diaz, Sr. the needs included blocking Smith from bringing a same-sex marriage bill to the Senate floor for a vote.

The Albany Times-Union Capitol Confidential Blog and The Politicker have some details but Elizabeth Benjamin at the NY Daily News has the break-down ("Details of a Leadership Deal").

On the possibility of a bill granting marriage rights to same-sex couples in New York State:

A bill to legalize same-sex marriage will not be brought to the floor of the Senate for a vote this year [Ed. note: I assume Benjamin means 2009]. Smith will announce that he does not believe the measure has sufficient votes to pass - a statement that is at this point undoubtedly true, although it's unclear how long that will last if, as Democrats are hoping, the prospect of being in the minority leads to mass GOP retirements.

Which sorta explains the comments that Azi got from Diaz over at The Politicker:

Ruben Diaz Sr., who previously said he wouldn’t vote for any leader that would allow a same-sex marriage bill to be brought to the floor for a vote, told me, “I, Senator Diaz, am relieved everything is going to be OK.”

When asked if that meant he got the assurance he was looking for regarding same-sex marriage, he answered, “I am telling you I am happy, that I am satisfied that everything will be OK.”

According to Benjamin, egos were stroked as well. Here is what the three will get:

• Senator-elect Pedro Espada Jr. will be the majority leader while Smith is president pro tempore.
• Sen. Carl Kruger... will chair a pumped-up Senate Finance Committee.
• Sen. Ruben Diaz Sr. will chair the Aging Committee.

Politics! Oh, so fresh, and oh, so clean!

I know that dirty deals and power plays are part of the process and I'm not necessarily surprised that there were concessions.

What worries me is the reports that Espada will grab the majority leader post (not Smith, who would get a 'president pro tempore' designation). What does that mean if true? Smith was on track to introduce the bill if he became a majority leader and still might down the line. Espada has been gay-friendly until he joined the Gang of Three but - if he does become majority leader - will his pro-gay past matter? It's the unspoken and undisclosed deals and manoeuvres that give me pause. We'll keep an eye on things.

BTW, here's The New York Times City Room blog on how things might work out regarding the sharing of power:

Two people involved in the talks said that Mr. Espada will get the title of majority leader under the deal, though Mr. Smith would be the real leader of the Democratic caucus, with the title of president pro tempore. Still, the deal would make Mr. Espada arguably the most powerful Latino elected official in New York State.

Update 1: "Skelos concedes, Pride Agenda objects" (New York Daily News' The Daily Politics Blog)

Update 2: The Empire State Pride Agenda just sent this to me under the title of "Pride Agenda Responds to Senate Leadership Deal Rumors"...

This afternoon, additional rumors began circulating in the press regarding discussions about a timeline for marriage equality legislation during the State Senate leadership negotiations. We have been told several times by the Democratic Senate Leadership that marriage equality legislation will come to the Senate floor for a vote once we have enough votes to pass the bill. We have no reason to believe that this has changed.

In response to these recent rumors, we have released the statement below. We will continue to update you on this issue.

Pride Agenda Executive Director Alan Van Capelle in Response to Rumors About Marriage Equality and the Senate Leadership Deal

December 4, 2008 - “We are still awaiting the final details of the announced State Senate leadership deal. We would expect that any rumors that marriage equality was somehow a part of this deal are just that—rumors. Civil rights should never be a bargaining chip in any political leadership battle, and we would be outraged if the issue of marriage equality was even part of the discussions.”

Related: Espada majorty leader? (The Village Voice's Running Scared Blog)

Update: The Gang of Four... no, Three... hm, Two... er, None?

Despite doing some huffing and puffing and threatening to introduce a statewide referendum to ban same-sex marriage in New York State last week, there has been no indication that the Reverend Ruben Diaz, Sr. - a New York State Senator - actually did such a thing.

The Reverend, a Democrat, is among the biggest homophobes in New York State politics and has used his stand on same-sex marriage and his opposition to abortion rights to endear himself to Senate Republicans over the years.

This year, as Senate Democrats gained the upper hand from Republicans by a slight margin, the Reverend saw an opportunity for a power-grab and joined three dissident senators who threatened to vote with Republicans on key issues unless their needs were met (according to Gay City News Diaz wanted "an assurance that either the same-sex marriage bill will not be brought to the Senate floor for a vote or that a statewide referendum be held on the question").

The so-called "Gang of Four" threatened to withhold support for Malcom Smith for majority leader come January demanding that Latino elected officials also be given prominent posts (three of the four dissidents were Latinos).

Within hours, though, the "Gang of Four" was just "Three" as Senator-elect Hiram Monserrate announced that he would back Smith after all (Monserrate, who has a great track record on LGBT, apparently received certain assurances from Smith in return so the whiplash switch wasn't purely altruistic).

Then on Friday came a potential shocker: Politics on the Hudson speculated that the next to abandon "The Gang" and back Smith would be Diaz himself ("'Gang of Three' meeting today").

That Diaz might abandon "The Gang" has been rumored since last week but news that he might actually back Smith? The same Diaz that issued a press release on Nov. 10 with a direct dig at Smith that read "my position as an ordained minister and a pastor will not allow me to support any would be leader that will bring gay marriage to the Senate floor"?

At least one [anonymous and GOP-leaning] blogger hypothesizes that this might mean that Smith has come to the conclusion that he will not have enough votes for a same-sex marriage bill as majority leader and might sacrifice a marriage vote for Diaz' backing - which would mean Diaz would have actually kept true to his stand even if he backs Smith.

Not sure I buy that scenario.

Still, as Elisabeth Benjamin reports today in The Daily Politics, Smith has accepted an invite to an annual Thanksgiving Day celebration staged by Diaz which will take place tomorrow.

Bizarrely, Senator-elect Pedro Espada - the third Latino in the original crew of four and the one least likely to make overtures to Smith at this moment - seems have agreed to support Diaz' same-sex marriage referendum as part of Diaz' conditions for remaining in the "Gang of Three."

I seem to remember that when Espada wasn't trying to be Diaz's BFF he was seeking LGBT support for his campaigns (the two were literally each other's nemesis for decades). Does this mean that if Diaz ends up splitting from "The Gang," Espada will drop his support for a referendum banning same-sex marriage?

Ah! New York State politics, don't ya love the stench of how things get done in the Empire State?

Previously:

• Reverend Ruben Diaz, Sr. will introduce anti-gay marriage referendum today (Nov. 18, 2008)