Source: New York Times, New York Daily News
The squabble for control of the New York State Senate continues, and with it, a battle over marriage equality in the state.

Three Democrats  who have refused to back the rest of their party’s pick for Senate leader are calling for a referendum, rather than legislative action, on marriage equality.

"Basically, they said if Malcolm [Smith, the party's choice for majority leader] thinks term limits changes should be decided by referendum, then why not gay marriage?" said a source close to the three.

That position is seen as a way to keep Senator Ruben Diaz Sr. in the fold along with the two remaining dissidents, Senator Carl Kruger, a Brooklyn Democrat, and Senator Pedro Espada Jr. of the Bronx, New York Daily News reports.

Diaz has made it clear that he won't support anyone for leader unless that person pledges not to bring a gay marriage bill to the floor for a vote.

The problem with the referendum notion is that -- unlike most western states -- New York doesn't offer any easy way to put measures to a vote either through referendum or initiative. There is, however, a long-standing proposed law that would allow New York to join the citizens-as-legislator game with initiatives and referenda, but that bill would have to pass before marriage equality could be put to the vote that the dissidents demand.

The group of dissidents lost one of its original members over the weekend when their erstwhile compatriot, Senator-elect Hiram Monserrate endorsed Smith for majority leader.

Kruger said in an interview on Tuesday night that the group will not make a decision on Senate leader until the new Legislature is seated in January according to the New York Times.

Espada confirmed in a call with the New York Daily News's Elizabeth Benjamin that the three renegade Democrats had agreed on the gay marriage referendum and also on a commitment to "Hispanic empowerment."

After a lengthy late-afternoon meeting, Kruger, a Brooklyn lawmaker, said he and his two fellow dissidents would prefer that a Latino Democrat lead the chamber.

"That's not necessarily who’s on the right or left, it’s who best can do the job,"  Kruger said in a telephone interview with the New York Times after the meeting.

Kruger said, "Hispanic empowerment is our guiding factor," but some fellow Democrats see the move as a naked power grab. His fellow Democrats have already reaffirmed their support for Smith, the current Senate minority leader, and are growing increasingly frustrated by their recalcitrant colleagues.

Source: No New Senate Leader Until January? | New York Times - City Room Blog
Gang Of 3 Agrees On Gay Marriage, Not Senate Leader | New York Daily News

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