Lawmakers Caught Off Guard by Paterson's Gay Marriage Action ALBANY, NEW YORK (WXXI) - State Lawmakers expressed surprise at the news that Governor David Paterson has quietly authorized state agencies to recognize same sex marriages performed in other states and other countries. Meanwhile Paterson was trying to downplay the significance of the move.

Most lawmakers were caught off guard by the news that Governor David Paterson had sent a directive nearly two weeks ago, on May 14th, authorizing state agencies to give same sex couples married in other jurisdictions where marriage is legal- the same rights as any couple married in New York.

State Senate Majority Leader Joe Bruno, who is also acting Lieutenant Governor, says he didn't know anything about it.

"I am surprised," said Bruno. "I hadn't talked to the governor about it."

Bruno questioned whether the governor has the constitutional authority to make such a decision. He compared it to the fight that lawmakers had with former Governor Eliot Spitzer over the issue of granting driver's licenses to undocumented immigrants. Many lawmakers said at the time that Spitzer had overstepped his authority, and a bitter fight ensued. The Senate leader hinted that he might challenge the governor's executive order in court.

"If necessary we will test it," said Bruno.

But Bruno, who has a friendly relationship with Paterson, says he wants to talk it out with the governor first.

Meanwhile Paterson, in a hastily arranged news conference, tried to downplay the significance of the move. The governor, who is a proponent of gay marriage, says the executive order is not an attempt to make an "end run" around the legislature to legalize same sex marriage. He says he was simply responding to a February appellate court decision. It dealt with one specific case, and said that Monroe County Community College must grant health care benefits to the same sex spouse of a woman who had been married in Canada, because New York's constitution recognizes marriages performed in other states and nations.

"If I didn't take this action I would leave this state open to lawsuits," said Paterson.


It's unlikely that a bill to legalize the performance of same sex marriages will come before the legislature any time soon. Senator Bruno says his Republican Majority conference continues to be opposed to it.

Other lawmakers also seemed surprised by Paterson's directive. Senate Democratic Leader Malcolm Smith, said that he too, would have to discuss the matter with the governor before commenting on it.

Assembly Speaker Sheldon Silver, through a spokesman, would only say that the Assembly has already passed the legalization of same sex marriage in New York, and the Speaker voted for it.

The state Comptroller, Tom DiNapoli, applauded the governor's executive order. DiNapoli, and his predecessor Alan Hevesi, have already authorized the state's retirement system to recognize same sex marriages conducted in states where they are legal, and in Canada.

"I think the governor did the right thing," said DiNapoli. "It sends an important message about the state government's concern for fairness and equality."

Paterson's action was condemned by the state's Conservative Party, and by the Christian evangelical lobby group New Yorkers for Constitutional Freedoms, which called the move a "slap in the face" and "an attack on marriage and the family".

In response to charges that he tried to hide the executive order for two weeks, Governor Paterson says he did not try to conceal it- it just took that long for it to get noticed, by a New York Times reporter.

The governor also offered a parting shot to any lawmakers who may criticize his actions, saying they maybe they should go back to the legislature and "actually work on something".
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