Buffalo would extend employee benefits to same-sex couples under a compromise that sailed

through the Common Council on Tuesday.

In an 8-1 vote, lawmakers approved a compromise that excludes opposite-sex domestic

partners from receiving city benefits. The Council justified the exclusion by arguing that

unlike opposite-sex couples who can qualify for benefits by getting married, New York has not

legalized gay marriage.

The president of a local coalition of gay, lesbian, bisexual and transgender residents

told The Buffalo News he would have preferred to have seen domestic partner benefits expanded

to include both opposite-sex and same-sex couples. But Bryan Ball of Stonewall Democrats of

Western New York called the Council's passage of the bill a step forward in promoting

equality.

"This really is a tremendous achievement," said Ball. "It will provide a lot of protection

and benefits to couples who can't legally get them right now."

Ball and other advocates have downplayed the likelihood that large numbers of people will

be added to the city's health insurance rolls. They note that labor contracts already make

about half the city employees eligible for domestic partner benefits. To date, only two

employees have signed up.

The lone dissenting Council vote was cast by Masten representative Demone A. Smith. He said

he strongly supports the effort, but he wanted a clause in the law stating that if New York

legalizes gay marriage, the city's provision would no longer apply. The sponsors countered

that a preamble to the bill already indicates that the Council would revisit the law if gay

marriage is legalized.

The bill now goes to Mayor Byron W. Brown. While the administration has not publicly stated

its position on the issue, several advocates have said the mayor told them he would support a

law if it was confined to providing benefits to same-sex couples. Brown's office did not

return calls to comment.

Even if the mayor opposes the bill, the eight Council votes would make it veto-proof,

assuming no lawmakers changed their minds.

The bill was sponsored by Michael J. LoCurto of Delaware and David A. Rivera of Niagara.

Both said they would have preferred to include opposite-sex couples in the law.

"This wasn't caving in," said Rivera. "We have to work with nine members to get things

done, and [health benefit] costs were a big factor."

In other action, lawmakers unanimously approved bonds for dozens of improvement projects in

city parks, schools and other public facilities. The big-ticket items in the capital budget

include $4.8 million for street, curb and sidewalk repairs. The plan also allocates $4.3

million for parks improvements, $4.9 million to modernize some schools and $2 million to tear

down blighted buildings.