BY CELESTE KATZ

The non-discrimination bill known as GENDA died in the Senate Judiciary Committee this morning to the chagrin of state Sen. Tom Duane, who is sponsoring the legislation with Assemblyman Richard Gottfried, a fellow Manhattan Democrat.

The legislation, is described as “AN ACT to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.”

All 11 Republicans on the Judiciary Committeevoted down the bill, plus Democratic state Sen. Ruben Diaz Sr. of the Bronx.

Duane attributed the defeat partly to a difference of opinions on legislative strategy.

“it is now yet again confirmed that the Senate is a cesspool of homophobia and transphobia,” said Duane, who is openly gay. “The advocates wanted to go through a committee… I believe that we should have brought GENDA through Rules and brought it right to the floor so as to deny the right-wing fringe the ability to organize against GENDA with their lies and distortions.”

Our State Capitol Bureau Chief, Ken Lovett, updates us on the current scene in Albany, saying Senate Dems are “livid” over the bill’s demise:

“Senate Dems say two Republicans on the committee, Sens. Andrew Lanza of Staten Island and George Maziarz of Niagara, had previously committed to supporting the measure, only to vote against it in committee.

“Whether it’s ethics reform or upholding basic human rights for all New Yorkers, Senate Republicans proved once again they lack the backbone to stand up for what they claim to believe in,” said Senate Democratic spokesman Austin Shafran.

(Update: Shafran now says Lanza and Maziarz had agreed only to move the bill out of committee without recommendation.)

The bill, which has passed the Assembly a number of times, would add “gender identity and expression” to those protected against employment, housing, education and credit discrimination.

A Senate GOP spokesman had no immediate comment, but will likely respond in kind shortly.”

UPDATE: “My way of doing things is basically vote as you think is the most appropriate way to vote. If I was on that committee, I would have voted no,” said Senate GOP Leader Dean Skelos via our Glenn Blain.

More on the state Conservative Party’s opposition to the bill after the jump.

If this bill is enacted, how safe will our most vulnerable be? Will sexual predators be able to stalk victims by claiming they are allowed to enter the restroom because they are protected by law? Proponents of the bill say they are the ones being discriminated against, but what about the rights of the majority of New Yorkers who expect restrooms to accommodate their sex only? they say.

Many larger public places offer unisex facilities at the present time, if this law is enacted, the cost to business could be prohibitive and if small businesses cannot provide for unisex restrooms, trial lawyers will ultimately put them out of business,” the party’s statement continues. “The majority of people do not want the opposite sex in their restrooms, no matter how they are dressed or feel about their bodies. People using public restrooms have a right to privacy that enactment of this proposal would erode.

Proponents of the bill, such as the Empire State Pride Agenda, say it’s about much more than bathrooms, of course: “Currently it is legal in New York to be fired from your job, kicked out of your home or be denied credit or public accommodations (like service in a restaurant) simply for being transgender.

GENDA Myths Busted

Read more: http://www.nydailynews.com/blogs/dailypolitics/2010/06/conservative-party-on-so-calle.html#ixzz0qwpszkgN