Even if the marriage equality legislation in the state senate fails, New Yorkers will continue to work matrimonial rights.

Gay rights activists insisted Wednesday that the State Senate vote this year on legalizing same-sex marriage even if the bill is likely to fail.

They said they wanted senators to take a public stand on unions between two men or two women. They also vowed to work in 2010 for the defeat of senators who vote "no" on the marriage bill.

Both supporters and opponents agreed gay marriage now lacks the 32 votes needed for adoption. Only 25 senators, all Democrats, back the measure. No Republicans have said publicly they will vote "yea."

"It's time for the Senate . . . to debate the bill and to vote it up or down," Alan Van Capelle of Empire State Pride Agenda told WCNY public radio in Syracuse. "I don't think it will be defeated but if it [is] . . . then we know the work that we need to do, both legislatively and politically, next year."

While he said he wishes the Senate had acted, Van Capelle said he trusted the chamber's top Democrats to keep their promise to put the bill on the floor before year-end. That commitment came Tuesday in a deal brokered by Gov. David A. Paterson.

Others weren't pleased.

"I'm not satisfied," said David Kilmnick of the Long Island Gay, Lesbian, Bisexual and Transgender Services Network. "We've had these promises before. I will believe it when I see it."

He and others plan to lobby the Island's senatorial delegation. A Newsday survey found six Republicans oppose same-sex marriage, while Sens. Brian X. Foley (D-Blue Point) and Owen Johnson (R-West Babylon) are on the fence. Sen. Craig Johnson (D-Port Washington) is the only supporter.
"It won't be a setback if the bill doesn't pass," Kilmnick said in an interview. "We still won't have full equality, but we'll know which senators we need to get out."

The Senate isn't likely to consider gay marriage at the beginning of next week's two-day special session. But the measure could come up once lawmakers reach agreement with Paterson on closing this year's $3.2-billion budget deficit, said a source familiar with the matter. The Assembly passed the bill in May.

Craig Johnson lobbied unsuccessfully for same-sex marriage to be taken up this week.

He said Wednesday he would use the additional time to woo Democrats and Republicans concerned by recent setbacks for gay rights in Maine and in New York's 23rd U.S. House race. In that upstate contest, the GOP candidate was forced from the field by conservatives upset in part over her backing of same-sex marriage.

"It would have gone down [Tuesday night]," Johnson said. "Time was needed to secure and re-secure support for the bill from some of those who are waffling a bit."

However, opponents doubted the needed votes will be procured in the final seven weeks of 2009. "Most senators don't want to go on the record this close to re-election," said Jason McGuire of New Yorkers for Constitutional Freedoms. "If the bill is put on the floor and it fails miserably, that's a poor reflection on [Senate Democratic chief] John Sampson."