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When it comes to whether New York will become the sixth state with legal same sex marriage, the jury may still be out.

The State Senate is slated to consider the hot button issue before year's end. There are enough senators who are undecided or declining to say how they will stand to swing the vote one way or the other.

"People ought to be on the record. I think we have a right to know. We pay our taxes, we're part of every community," said Assemblywoman Deborah Glick.

Of the 62 senators, 22 tell NY1 they're opposed; 21 are in favor. Seven say they're still making up their minds and four won't say which way they're going. Eight didn't return calls over the last two days.

"No, I don't support legalizing gay marriage in New York State, and I don't see it passing in this session this year," said Senator Dale Volker.

Glick says her fellow Assembly members have twice approved same sex marriage. She also says enough senators have made private commitments.

"Well, I certainly hope that we will see the vote come up, and I believe it will pass," Glick said.

Some equal marriage supporters say if it doesn't pass, there could be a silver lining -- finding out exactly where senators stand, and determining if those private commitments of support were followed up by a public vote.

The marriage bill is expected to be debated after lawmakers agree on a plan to bridge a $3 billion plus deficit.

The state Legislature is expected to return to Albany on Monday.

As far as a budget deal, Governor David Paterson says they're about three-quarters of the way there, with disagreements remaining over cuts to school aid.