Here is is the text of the religious exceptions amendment recently agreed to:
Notwithstanding any state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or a corporation incorpo- rated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state, or a not-for- profit corporation operated, supervised, or controlled by a religious corporation, or any employee thereof, being managed, directed, or super- vised by or in conjunction with a religious corporation, benevolent order, or a not-for-profit corporation as described in this subdivision, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any such refusal to provide services, accommodations, advan- tages, facilities, goods, or privileges shall not create any civil claim or cause of action or result in any state or local government action to penalize, withhold benefits, or discriminate against such religious corporation, benevolent order, a not-for-profit corporation operated, supervised, or controlled by a religious corporation, or any employee thereof being managed, directed, or supervised by or in conjunction with a religious corporation, benevolent order, or a not-for-profit corporation.
2. Notwithstanding any state, local or municipal law or rule, regulation, ordinance, or other provision of law to the contrary, nothing in this article shall limit or diminish the right, pursuant to subdivision 8 eleven of section two hundred ninety-six of the executive law, of any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, to limit employment or sales or rental of housing accommodations or admission to or give preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained.
3. Nothing in this section shall be deemed or construed to limit the protections and exemptions otherwise provided to religious organizations under section three of article one of the constitution of the state of New York.
A2. Subdivision 1-a of section 11 of the domestic relations law, as added by a chapter of the laws of 2011, amending the domestic relations law relating to the ability to marry, as proposed in legislative bill number A.8354, is amended to read as follows:
1-a. A refusal by a clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader to solemnize any marriage under this subdivision shall not create a civil claim or cause of action or result in any state or local government
action to penalize, withhold benefits or discriminate against such clergyman or minister.
A3. A chapter of the laws of 2011, amending the domestic relations law relating to the ability to marry, as proposed in legislative bill number A. 8354, is amended by adding a new section 5-a to read as follows:
5-a. This act is to be construed as a whole, and all parts of it are to be read and construed together. If any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of this act shall be invalidated. Nothing herein shall be construed to affect the parties' right to appeal the matter.
4. This act shall take effect on the same date as such chapter of the laws of 2011, takes effect.
Here's what the coalition of advocacy groups known as New Yorkers United For Marriage have to say:
Statement from New Yorkers United for Marriage
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“The amended Marriage Equality legislation protects religious liberties without creating any special exceptions that would penalize same-sex couples or treat them unequally. The legislation strikes an appropriate balance that allows all loving, committed couples to marry while preserving religious freedom.”
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New Yorkers United for Marriage is a coalition of leading New York LGBT rights organizations fighting so that all couples in New York State have the freedom to marry the person they love.
The Empire State Pride Agenda is the statewide civil rights and advocacy group committed to achieving full equality and justice for lesbian, gay, bisexual and transgender (LGBT) New Yorkers and our families. For twenty years we have been educating policymakers, elected officials and thepublic, building coalitions and mobilizing allies, lobbying government officials, administering a Political Action Committee, and organizing and empowering the LGBT community.
Freedom to Marry is the campaign to win marriage nationwide. We are pursuing our Roadmap to Victory by working to win the freedom to marry in more states, grow the national majority for marriage, and end federal marriage discrimination. We partner with individuals and organizations across the country to end the exclusion of same-sex couples from marriage and the protections, responsibilities, and commitment that marriage brings.
The Human Rights Campaign is America’s largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
Marriage Equality New York (MENY) is a grassroots, volunteer based, single-issue organization dedicated to securing the right for all New Yorkers to enter into legally recognized civil marriages. With local chapters throughout New York State, MENY is leading the fight for equality, helping educate local and state politicians and candidates to support equal marriage rights legislation.
Log Cabin Republicans is the nation’s only organization of Republicans who support fairness, freedom and equality for gay and lesbian Americans. Log Cabin has state and local chapters nationwide, a full-time office in Washington, D.C., a federal political action committee and state political action committees.
And here's a live feed of the Senate floor. The vote could come at any time. (Or unfortunately, still, not at all.) If it comes, this diary can serve as a virtual viewing party if folks like.
As far as I know, we're still waiting on word whether Senate Majority Leader Republican Dean Skelos will allow the bill to get to the floor for a vote.
I'll try to keep this updated as RELIABLE NEWS becomes available. There has been a lot of misinformation and rumors circulating the last few days, and I am trying not to add to the chaos.
If you want to call Dean Skelos office and ask him to send the bill to the floor, his number is: 518-455-3171,
2:32 PM PT: I'm going to try to answer questions via update, not individual comments.
It appears there will be another vote in the Assembly on the same bill the Senate will be introduced.
2:35 PM PT: It has been suggested that upon a court challenge alleging undue discrimination, a Judge could still construe the exemptions more narrowly than the defendant was practicing without invalidating either the religious exemptions, nor the non-serverable marriage equality law itself.
2:41 PM PT: Lambda Legal and multiple other sources saying Senator Jim Alesi has said there WILL be a vote tonight. At least one source attributing the same to Senator Maziarz.
2:44 PM PT: YEE HA!!!! It's official, Nick Confessore of the New York Times got it from the horse's mouth. Senate Leader Skelos says there will be a vote:
Senate majority leader Dean G. Skelos puts out a statement: Gay marriage will come to the floor of the Senate for an up-or-down vote.
3:18 PM PT: Approaching the vote we have at least 3 undecided Senators: Saland, Grisanti and Lanza.
We only need one.
3:23 PM PT: From Towleroad
NY Conservative Party Chair Mike Long: 'I'm Sorry to Say But the Bill's Going to Pass'
LongMike Long, the chairman of NY's Conservative Party, predicts passage of the marriage equality bill tonight.
Reports John McCormack at The Weekly Standard:
"I'm sorry to say that the bill's going to pass," Long told me in a phone interview minutes ago. He said that the recently released religious liberty amendment would serve as an "excuse for some Sepublican senators to hang their hat on."
"I know they've got the 32nd vote, and I think they've muscled two more people" to give the vote some cushion.
"Hopefuly all of that blows up," Long said. "I don't see that happening."