Alan van Capelle's strategy to legalize same-sex marriage in New York hid a major roadblock last year when the Democratic's narrow majority the State Senate failed to secure enough votes to pass the measure.

City Comptroller John Liu announced this morning he hire Capelle as a deputy comptroller for external affairs.

UPDATE: In an interview, Capelle said his decision to leave wasn't a direct result of the vote in the State Senate, and that he thinks a vote on marriage will pass that house next year.

The organization, he said, is "gearing up to be a major player in this fall's elections [and to] fight the next campaign in marriage equality. You don't quit in the middle of those two fights. You quit before they begin."

In a statement, the executive director of the Empire State Pride Agenda, Alan Van Capelle, slammed Ford as a "snake oil salesman," saying his recent comments don't compensate for his earlier vote on the constitutional amendment.

From Capelle:

I know Harold Ford, Jr. just arrived to New York, but as a native and lifelong resident I know what New York values are and I know a snake oil salesman when I see one. You simply can’t claim to be pro-equality if you’ve twice voted to enshrine discrimination into the U.S. Constitution. 

While it may be tempting for Mr. Ford to compare himself to people like Senator Chuck Schumer, the fact remains that Senator Schumer—who did evolve on his position on marriage equality—has been a longtime supporter of several pieces of legislation that are very important to LGBT people and never supported the awful Federal Marriage Amendment. Harold Ford, Jr. is no Chuck Schumer and he is no Kirsten Gillibrand. 

The fact is Senator Gillibrand has voted in support of LGBT equality every time she’s had the chance to during her entire career as an elected official. Kirsten Gillibrand has supported LGBT people and Harold Ford, Jr. has not. 

Quite frankly, I cannot point to another member of the U.S. Senate who, in their first year in office, has been more outspoken and passionate than Kirsten Gillibrand about her support for legislation that would finally provide full equality to LGBT Americans.  Personally speaking, she will have my vote and I would think that the work she has done over the past year has earned her the support of the vast majority of LGBT New Yorkers. 

But Ms. Gillibrand would prefer you think of it more like a lifetime achievement award.

"It was by no means an introduction," Gillibrand told The Advocate of her now-famous chat with Alan Van Capelle, the executive director of the Empire State Pride Agenda, which helped seal her appointment by Governor Paterson. "I was proud to work with them and other LGBT advocacy organizations during my time in the House of Representatives."

It's something of an odd quote for a short piece specifically celebrating Ms. Gillibrand's efforts this year--which she spent in the Senate--but it's always been an important point to Ms. Gillibrand. Her camp would like to counter the notion that she suddenly turned left when she ascended to the upper house, a narrative that somewhat vitiates the political benefits of her newly liberal views on guns and immigration in advance of her first statewide campaign.

At the time of her appointment, the Human Rights Campaign rated her last among New York's Democratic delegation, with a score of 80 out of 100. But the organization has been so pleased with her Senate record--and, presumably, with whatever assurances she offered privately that she would continue to be right on gay issues in the future that it offered her an early endorsement last month. (This, as an openly gay, if not-entirely serious challenger, Suffolk County Legislator Jon Cooper, mulls a potential primary challenge.)

"By all accounts, Senator Gillibrand has been an aggressive proponent of LGBT rights, that's the record I'm looking at now," Mr. Van Capelle told me last month. "What I'll say is that she's probably been one of the most accessible legislators I've come across. I know that I can text Senator Gillibrand and I can receive a call back from the senator in less than an hour."

Clearly, that's not nothing.

Despite the spin, most everyone pushing for a bill legalizing same-sex marriage privately acknowledges that the 24-38 loss in the State Senate was a whopper, and while theories abound, there's no clear explaination for how the bill was so soundly defeated.

Senator Eric Schneiderman started by blaming Republicans.

"If you look at the Assembly, there were lots of Republican yeses," the liberal Manhattan Democrat said. "I don't believe it. They clearly decided not to allow a vote of conscience. I know that there were Republicans that wanted to vote yes."

That's hardly fair, considering eight Democrats voted against the measure. Democrats—under the leadership of Malcolm Smith—took the chamber's majority in 2008 after promising advocates that they would pass the marriage bill, and that they would pick candidates who would vote in favor. That did not happen; Joe Addabbo, a senator from southeast Queens, was elected over Serphin Maltese.

"If there wasn't a vote today, I wouldn't know in a street fight Joe Addabbo doesn't have my back," said Alan Van Capelle, executive director of the Empire State Pride Agenda.

Van Capelle's organization had pushed extremely hard for a vote. In recent weeks, according to a Democratic senator familiar with the lobbying effort, they were the driving force. Someone like Senator Tom Duane, the only openly gay member of the chamber and the bill's prime sponsor, became an accessory.

Duane certainly looked the part by the end of Tuesday. He closed the debate on the bill with a meandering 21-minute ramble that was the furthest thing from cogent. (You could argue this was a filibuster to give time to corral votes.) It included comprehensive thanks for every member and staffer, referenced Harriet Tubman ("she would be bringing people north. There were no street lights. They were in darkness"), his time volunteering as a teacher, his advanced age ("you know, I'm getting to be an older gay. I've got a new gay hip") and a joke about why the measure was urgent.

"We are beating New Jersey. Today. They may have the Jets, they may have the Giants. They are not taking this away. We are beating them," Duane said.

I asked Van Capelle if he thought Duane, conspicuously omitted from his organization's press release, was strong enough of an advocate on the issue.

"I'm enormously proud of the—what's it called—the fact that the Senate brought this bill to the floor for a debate today," he replied, prompting me to repeat my question. "I'm proud of the senators who stood up for our community today."

Duane's colleagues defended him publicly and privately, but acknowledge that he and Van Capelle are not close.

"I don't think they like each other. But that's just their relationship," said one Senate Democrat. "You know, Tom has a different style. Tom believes in killing things with kindness; Alan is aggressive. It can work: a yin and a yang, a good cop and a bad cop."

But the friction wasn't fatal, explained another Senate Democrat familiar with the lobbying: "They were always making efforts to coordinate, but I think the personal stuff was problematic. That could explain a few votes of a swing, but with this big a margin, there were other votes."

Both Senators Carl Kruger and Hiram Monserrate voted against the measure, which appears the result of a chit cashed by Senator Ruben Diaz Sr., a consistently outspoken opponent of the bill and member of the "four amigos" faction.

("If you look at my district, the communities that I represent, I'm a mosaic of ultra-Orthodox Jews, Christians, Muslims, a large Russian conservative population. There were letters and hundreds of phone calls, and the overwhelming sentiment was to oppose a same-sex marriage bill," Kruger told me after the vote. Another hole in this theory: The fourth amigo, Pedro Espada Jr., voted in favor. Of Diaz, Kruger said, "Did he ask me how I was going to vote? For sure. Did I answer? Absolutely … there's never a payback, just an open dialogue.")

There's also the radioactivity of David Paterson. He has pushed hard for a vote on the bill starting in March, hoping to increase his political standing, but according to numerous senators did not work to lobby or corral. His relationship with members on both sides of the aisle has systematically devolved.

"Nobody wants to do anything for this governor," said one Senate Democrat, on background. Members—including Duane—were surprised when he showed up on the floor after the vote.

Duane swayed side to side as the governor decried "political intimidation." He was asked what the new strategy is, in light of the defeat.

"The strategy is to win," he replied.

The legislature is still in extraordinary session, so the measure had to be re-passed by the State Assembly to become law. That chamber has previously approved the bill twice, and affirmed it once again early Tuesday morning. David Paterson has said that the path to Senate action is clear, and that he will sign the bill if it clears that chamber. It's far from certain it will.

But the Assembly re-passage is a signal of confidence by advocates that the Senate will actually vote on the measure this week. (I almost typed today, but God knows how late their session will extend into the evening.)

"Absolutely. It gives them both political coverage and it also shows them that members of this house who have consistently voted for this bill over the last three years continue to function in their seats, and they shouldn't be afraid to vote for equality," Assemblyman Danny O'Donnell, the bill's sponsor and one of a few openly gay members of the chamber, told me last night after its passage. "So I think it makes it easier and it shows that this can be done in a civilized and patient manner even if it is done late at night."

A lobbying force that includes the Empire State Pride Agenda and Pat Lynch has been pushing for this issue relentlessly. I saw Lynch emerge from a meeting with State Senator Liz Krueger, a liberal Manhattan Democrat who supports same-sex marriage, Tuesday night looking confident, before heading to the Assembly chamber and chatting with top staffers there.

Alan Van Capelle, the Pride Agenda's executive director, watched from the gallery as he ate a burger from a Styrofoam container. When the bill passed, he came downstairs to offer pecks on the cheek to O'Donnell and other supporters.

"I think it's remarkable that a debate that took three-and-a-half hours just two years ago took less than a minute this time," he told me. "It certainly feels like the momentum is on our side, and we're working."

But the opponents have geared up, too. About a dozen demonstrators--Hasidic Jews and conservative Christians, from what I can tell--have come to the Capitol on the expectation the Senate will vote. I asked Van Capelle if he had any assurances the bill would come up today.

"I know they'll take it up before the end of the year," he replied.

Van Capelle has been pushing furiously for a vote this year, even though he is nearly alone in saying that there are enough votes in the State Senate to pass it. (Most Senate sources say the opposite.) Last night, he managed to get a public commitment from the Senate that it would consider the measure before the end of the year. No firm date was set.

"If 'as soon as possible' is a firm date, that's it," Van Capelle said in an interview on The Capitol Pressroom. "In terms of a firm date, you know, I don't think it serves anybody's purpose to get a firm date out there because it only galvanizes the opposition to have it out there."

A vote on same-sex marriage was expected to take place next week, when David Paterson said he will call a special session. Senators are not currently scheduled to return to Albany until January.

"Look, I know that conventional wisdom is that one, legislators are loath to return to Albany, but they weren't at work for a month and a half and there's also a month and a half's worth of work to catch up on," Van Capelle said. "I think there's a general skepticism all the time, and I appreciate the skepticism. Because, you know, in Albany it seems that everybody has a healthy dose of skepticism, which is why I'm happy to be leaving Albany in a short while. But what happened is a very historic thing. Advocates came up, and people thought we were just going to get ignored completely."

But there are not many sign of enthusiasm. Senate leaders did not stand next to Van Capelle when a vote was committed--by David Paterson. Two Senate sources told me today that Democratic Conference Leader John Sampson is not pleased with the decision. (Publicly, his spokesman says "we will commit the full spectrum of our energies to making marriage equality a reality.") Advocates are not happy with Malcolm Smith, who promised them in 2008 that a vote on the issue would be held. And Liz reported that there is tension between the Gill Fund and Empire State Pride Agenda.

Plus, based on their track record, the Senate Democratic leadership's ability to deliver on their promise is uncertain.

"I don't believe they would have reached that agreement with us if they didn't have consensus within their membership about it," Van Capelle said. "I believe the commitment they made. I believe it was sincere, that they want to address this issue before the end of this year, and I have every reason to take them at this year."

"This is the first time the Senate leadership has indicated that it will support a vote on marriage equality," Paterson said. He also committed to putting the bill on the calendar for a special session next week.

Conspicuously absent from the Red Room press conference where Paterson spoke were any Senate leaders. Democratic Conference Leader John Sampson and Senate President Malcolm Smith had attended a meeting with David Paterson, to which they were led by an intense-looking Tom Duane, the openly gay senator who is the bill's sponsor. Plans to hold a vote on the marriage bill today fell through, and the expectation from sources lobbying for the bill was that a commitment would be made to vote on the bill during a special session next week. Their closed-door meeting lasted almost two hours; reporters staking it out were called into the Red Room, giving Smith and Sampson a chance to slip away.

I asked Paterson why the Senate leadership itself didn't make the commitment.

"I think that those three leaders would not like to get into a conversation about dates and times. They've made the commitment--they have not had a chance to meet with their membership just yet, and usually these type of commitments come after meeting with membership," he said, less than three hours after telling reporters that "I can't explain the dynamic of the Senate, because nobody can."

"Because people are leaving Albany today, we thought it was important to notify the public, and I think that they have representation in the meeting and they will stand behind this commitment," Paterson continued. He was joined at a podium by Senators Eric Adams, Jeff Klein, Eric Schneiderman and Duane.

"I want to applaud in the strongest possible way Governor Paterson's leadership on this issue and on so many issues that confront our state," Duane said. "But especially on this issue. It's just really great."

"I'm very happy with the outcome of our discussion, and as you know, if I'm not happy you know it," he continued. "And I'm very happy with the result of the meeting."

Alan Van Capelle, the executive of the Empire State Pride Agenda, who has been pushing hard for a vote on the bill even though the votes for its passage are far from secured, said the announcement was "significant."

Leaving the announcement, Senate Democratic spokesman Austin Shafran walked hurriedly with reporters in tow, and said "I can only confirm what the governor said."

"There is a commitment to bring the bill to the floor for a vote before the end of the year, and we will commit the full spectrum of our energies to making marriage equality a reality in the state of New York," Shafran said after checking with the leaders.

While again frustrated, advocates have accepted the situation and are looking forward to next week.

"It's the only game in town, so we've got to play it," one said.

"This list represents a diverse group of faith traditions and congregations from all corners of our state. The leaders of these religious institutions understand the spiritual value of respecting all members of their community, including those who are lesbian, gay, bisexual and transgender," said Alan Van Capelle, executive director of the Empire State Pride Agenda.

It's unclear if the measure will pass, but state senators are preparing to debate it in chamber tomorrow.

Paterson's formal proclamation for the session is a political wish list: it also calls for the legislature to act on bills legalizing same-sex marriage, enacting a cheaper pension tier for new state workers, tougher penalties for those who drive drunk with children in their cars and public authority reform. He also wants a spending cap, something he first proposed in May. In doing this, Paterson is trying to get the bump from end-of-session of which he was deprived of when the State Senate went bonkers for a month. Or he can yell at legislators if they thwart him, something he's started doing already.

Paterson also sent a letter to the leadership of the Assembly asking to use the chamber to address a joint legislative session on Monday afternoon, an Assembly source confirmed. It's unclear if lawmakers will show up for that--they are legally required to show up for the special session on Tuesday, but as we remember from earlier this year, not act on anything. A senior Democratic official in the State Senate told the Associated Press that "we're not returning for a photo op" and Liz reports that some members will be in Puerto Rico.

State Senator Neil Breslin, an Albany County Democrat, said at a press conference Thursday afternoon that he has "every intention" of being there, and Austin Shafran, a conference spokesman says it will return "when there is an agreement."

"I have not heard that," Breslin said. "I know they had a conference call, I don't think there is any intention of boycotting the governor. I know that there are talks going on right now that hopefully will lead to a mutual resolution of a $3.1 billion deficit. I think that both houses are in basic agreement with a majority of the cuts put forth by the governor."

Assemblyman Jim Tedisco, a Republican, called Paterson's call "a taxpayer-funded game of finger pointing and attempts to shift the blame for current problems rather than trying to actually solve them" and costs $71,000 a day.

The inclusion of same-sex marriage legislation drew applause from gay rights advocates, who said they were "thrilled" with the inclusion.

"We look forward to hearing our lives and our families debated on the Senate floor next Tuesday," said Alan Van Capelle, executive director of the Empire State Pride Agenda. "It's now time that each of the 62 State Senators vote their conscience on this bill that has great implications for hundreds of thousands of New Yorkers in all parts of the state."

(An almost wrinkle: Senator Tom Duane, the bill's sponsor, is mourning the death of his mother Winifred, who passed away this morning at age 84. A funeral is planned for Saturday. The State Senate was unable to pass bills over the summer when State Senator Brian Foley had to miss session due to the death of his father, but Duane is expected to be in Albany on Tuesday.)

It's unclear if same-sex marriage has the votes to pass, or if it will be taken up. Bills passed in extraordinary session must pass both houses and be signed into law; a bill passed in extraordinary session cannot be paired with a bill passed during the regular session (as the Assembly did with same-sex marriage) and signed into law. Under Parliamentary procedure, each chamber of the legislature can gavel into special session fulfilling their legal requirement under the Constitution and then gavel into regular session, where they are not bound by the governor's agenda. I expect that's what will happen, so Paterson's proclamation doesn't mean action will be taken on these items.

In his press release, Paterson focused on the need to act urgently for the fiscal health of the state.

"New York can no longer afford delays, and New Yorkers will no longer stand for delays," he said. "I have met with my colleagues in government and I understand and agree with the need to lessen the impact that these reductions will have on all New Yorkers - but the surest way to mitigate the pain is to act now."

UPDATE: Paterson spokesman Morgan Hook sent over a statement saying the Democratic intractability is "appalling."

"As the Governor has said, the time for action to address New York's budget crisis is now," Hook said. "A photo-op is going to China for a trade mission while ignoring the widening state budget gap. Addressing the worst economic crisis since the Great Depression is no photo-op, and hundreds of thousands of New Yorkers who have lost their jobs or homes should be insulted by the insinuation. Governor Paterson is proposing measures to reign in decades of over spending and over taxing in Albany. Every member of the legislature needs to join him to do this. New Yorkers have waited too long for action on what everyone agrees are the most pressing issues facing the State. When New York runs out of money to pay it's bills, we'll see if this unnamed Senate 'official' want to snap photos next to our plunging bond rating."

Governor David Paterson has promised to put same-sex marriage on the agenda when he calls lawmakers back to Albany for a special session to deal with business left undone since the coup back in June.

“Marriage equality will be on the calendar,” Paterson told an audience at the Empire State Pride Agenda’s annual fund-raiser in Manhattan last night. “Marriage equality is coming to New York State.”

The head of ESPA, Alan van Capelle, went further, calling out legislative leaders by name and demanding they finally have a vote on the issue.

"Senator John Sampson, you're the leader of the State Senate," bellowed Capelle to an overflowing crowd at the Sheraton ballroom. "Senator Tom Duane, you have told us on multiple occasions you have the votes to pass this bill. Give us the dignity, the rights, and the respect we deserve. Bring this bill to the floor for a debate and a vote."

Duane is an openly gay state senator who is the leading advocate for same-sex marriage in that chamber. Before the speech, he told reporters he was confident it would pass this year. Some advocates fear that the measure will have a harder time passing next year, since state lawmakers are up for reelection and fearful of taking on controversial legislation.

But Capelle's speech marks a new level in the demands made of Democratic allies of the cause. In previous years, Capelle has issued more general warnings about turning against Democrats who don't support them, but hasn't singled out legislators by name during such a speech.

After the speech, Paterson told reporters that although he doesn’t have the authority to mandate a vote on the issue, “we would expect them to vote on the bill” since it will be on the official legislative agenda.

When asked if the bill currently has enough votes to pass the closely divided senate, Paterson said, “I don’t see the future. I believe it would pass.”

After being pressed about whether the legislation has enough votes to pass, Paterson replied, “You’re asking me a question that I really don’t even understand why you’re asking. That’s not my role. I’m doing what I’m supposed to do. I’m putting the bill on the calendar.”

Paterson said the Senator Sampson expressed optimism that the bill would pass.

I asked Paterson if the legislation would be harder to pass next year, when he and other state lawmakers are up for election.

“I don’t necessarily think that that’s the case,” he said.

During the speech, Capelle said the group won't be satisfied by the inaction of "summer soldiers" who don't actively work to advance same-sex marriage.

Afterward, I asked Capelle to name some of those "summer soldiers." He declined. I asked if he considered Michael Bloomberg a member of that category.

"Look, I'm talking about Albany. You're talking about New York City," Capelle said.

"I'll take that as a yes," said State Senator Eric Schneiderman, who joined us, and, it should be noted, is a supporter of Bloomberg's rival, Bill Thompson.

"This is an Albany fight," said Capelle, "the last time I checked New York City doesn't get to determine whether or not the people of New York get marriage equality."

Later, Capelle said, "I'm talking about people elected to the State Senate."