In a decision this week, the New York State Court of Appeals upheld that state and county governments acted within their rights when they offered benefits to same-sex couples married out of state. The court held that the government had discretion to do this because it can extend benefits to domestic partners. But how, if at all, does this affect the same-sex marriage debate in New York, especially when it comes to the legislature? Our Britt Godshalk reports.

ALBANY, N.Y. -- The state's highest court has decided same sex couples married outside New York will keep benefits offered by state and county government. But what may be more significant is what they didn't decide.

"They didn't really reach the major issue about whether and how the marriage recognition rule would apply to out of state same sex marriage licenses," said Stephen Hayford, co-founder of the Coalition to Save Marriage in New York.

Indeed, in a Court of Appeals decision, the bench expressed, "it's hope that the Legislature will address this controversial issue." That, Lambda Legal says, is significant.

"We've just won in court but now the ball is back in the court of the State Senate," said Susan Sommer, senior counsel at Lambda Legal. "We're hoping for a vote soon."

The Assembly has twice passed bills supporting same sex marriage and there is now a promise by the Senate leadership that it will bring the issue to the floor before the end of the year, but thus far has not. And the Coalition to Save Marriage in New York would like to keep it that way.

"Our position would be yes some action is needed," said Hayford. "A defense of marriage act is needed or failing that why not put this out there to the people?"

Hayford says the court does not push the same-sex marriage bill onto the Senate floor. Votes do.

"Senators are going to be listening more to their constituents than they are the court of appeals," said Hayford. "I think they're going to be concerned how the people that vote for them, that vote for them next fall, are going to feel about changing the definition of marriage. I think they're going to be concerned about the Dede Effect."

Dede Scozzafava, the Republican who suddenly dropped out of the congressional election in the 23rd District, partly, Hayford says, because of her controversial position on same-sex marriage.

Both sides say, whether because of this decision or because of the election, state Senators will be listening to their constituents closely to keep their jobs. So constituents shouldn't hesitate to have their voices heard.