Power play

The New York State Senate is in chaos after a shocking upset in power, and it will likely mean the end of this session's hotly disputed bill to legalize same-sex marriage.

On Monday afternoon, two Democratic senators-Pedro Espada Jr. and Hiram Monserrate-stunned their party by joining the Republicans and electing new leadership, in a revolt they had been plotting with Republicans for weeks. After the Democrats crossed the aisle, the Senate elected Espada as Senate president and Dean G. Skelos-a Republican-as Senate majority leader.

Legislators removed Democrat Malcolm A. Smith as majority leader, but he and other Democrats are not yet ready to give up power. Smith's press secretary called the revolt "an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people," and claimed that Smith is still the temporary president and majority leader. Democrats claim that the senate adjourned before the leadership changed, but the adjournment was a hasty scramble to prevent the vote from taking place.

Whether the Democrats can find a legal path to regain power or not, the revolt has disrupted the senate to the point that advocates for traditional marriage say it will likely derail same-sex marriage legislation.

At a Stand for Marriage rally on Tuesday, Duane Motley-executive director of New Yorkers for Constitutional Freedoms-said he was present during the vote to change leadership: "The Democrats, their jaws hit the floor and they're probably still there." He called the revolt "a big boulder in the path of the same-sex marriage bill."

Speaking later, Jason McGuire, legislative director for New Yorkers for Constitutional Freedoms, said it is highly unlikely that the bill will come to a vote before the session ends on June 22-especially since Monserrate is numbered among the undecided and Skelos opposes the bill, although Espada is a co-sponsor of the legislation. Smith supported the bill but said he would not bring it to a vote unless he had the votes to pass it.

Bill Devlin, a Manhattan pastor and president of Redeem the Vote, predicted, "The redefinition of marriage bill will never see the light of day." Devlin, who is a Democrat, said he has seen in his congregation and community that "people are not happy with lack of leadership in Albany these days." He criticized Gov. David Paterson for pandering to same-sex marriage advocates instead of focusing on the budget, adding that leadership has been lacking on both sides of the aisle.

Ruben Diaz Sr.-a Democrat who vocally opposes the same-sex marriage bill-called on Republican senators to take leadership on the legislation. Diaz said while his party was in power, "I did my part. . . . I took a lot of heat," adding that his life, position, and even family were threatened. He called on Republicans to take the same stand now that they are in power.

Current vote counts do not bode well for the legislation anyway. Twenty-nine senators have publicly said they will vote against the bill, while 20 have stated their support. No Republicans have come forward to support the bill, while six Democrats have stated their opposition.