NEW YORK, NY November 15, 2008 —A Bronx state senator is refusing to budge on the issue of Democratic control in the legislature.

REPORTER: Senator Ruben Diaz and two fellow Democrats have been withholding support for Malcolm Smith of Queens to become majority leader, until Latino lawmakers are granted leadership positions. But Diaz says it's also because Smith supports the governor's plans for budget cuts.

DIAZ: Closing our services, hurting senior citizens, cutting education, closing hospitals, cutting medicaid. I mean the governor, a democrat? What is that we want to be in majority for if we are gonna be worse than the republicans.]

REPORTER: Senator Diaz, who's a reverend, says he's also opposed to Malcolm Smith because he supports same-sex marriage. Diaz says voters should decide on the issue in a referendum, like California's.

State Senators Pedro Espada of the Bronx and Carl Krueger of Brooklyn have joined Diaz in their opposition to Smith. Neither one has returned phone calls.

If elected by his peers in January, Senator Smith would be the first Democrat to lead the Senate in 40 years.