Saying that it's the law, Governor David Paterson ordered all state agencies to recognize same-sex marriages performed out of the state — but his decision does not come without opposition.

"As far as I'm concerned, I think it's beautiful," said Paterson about same-sex marriage Thursday.

In his memo, Paterson said he is implementing a decades-long practice -- recognizing legal marriages performed outside the state.

"It doesn't change anything. Couples married outside of state will be extended those same rights in new york as we always have," said Paterson. Such rights include family health care plans, spousal benefits, inheritance and possibly tax breaks.

Senate Majority Leader Joe Bruno, who has a warm working relation the leader, told NY1 in an exclusive comment that Paterson may have overstepped his bounds.

"I think the constitution is very clear and the law is clear in New York that only the legislature can change a man and wife being joined in marriage under oath -- not by executive order," said Bruno.

Bruno said some senate lawyers are studying their legal options.

The Conservative Party said Thursday that it is also considering a legal challenge to Paterson's directive.

Conservative Party Chairman Michael Long blasted the governor for making the decision without giving the residents of the state a chance to weigh in.

Long says gay marriage should not be recognized unless the legislature changes the state's definition of marriage.

"I submit to you that [Paterson] is now overriding the Constitution of the state of New York. He's breaking the oath of office," said Long.

The head of the state's Catholic Conference also criticized Paterson's move.

"Unfortunately, this unilateral move without legislative input is not keeping with Mr. Paterson's promises upon taking office of a collaborative and bipartisan governing style," said New York State Catholic Conference Executive Director Richard Barnes.

But Paterson is not without his supporters, including State Comptroller Thomas DiNapoli, who said he backs the governor's directive.

Alan Van Capelle, the executive director of the Empire State Pride Agenda, praised the governor's decision, but says there's still a lot more that can be done.

"We're thrilled that the governor thinks that same sex couples should be entitled to all the rights and responsibilities of marriage and we're happy that the Assembly last year was on record saying that," said Van Capella. "But we really hope now that the State Senate does what two-thirds of the legislative government has said we should do, which is to treat gay couples equally and recognize marriage equality."

The governor's legal counsel sent a memo Wednesday to all state agencies telling them they would be violating state human rights laws if they do not recognize the unions obtained in other places.

Paterson reiterated the reasoning behind his decision Thursday, saying the state could be liable to lawsuit if they did not protect these residents' rights to privileges of traditional marriages, like family health care plants, joint tax returns, and property inheritance.

The governor said he is just following the law as it already exists for couples married out of the state and applying it to same-sex couples.

"I am taking the same approach that this state always has with respect to out-of-state or marriages conducted in foreign governments being recognized here in the State of New York," said the governor. "I am following the law as it always has existed."

One area where same-sex couples may not seen the same benefits is in the area of tax benefits, where the federal law defines marriage as a union between a man and woman.

Paterson said that opinion had no impact on his decision, and that the announcement does not touch upon the issue of same-sex marriage within New York State, which is still illegal at this time.

The legislation passed the Democrat-controlled State Assembly last session, but has not passed the Republican-controlled State Senate. While the governor approves the measure, Bruno is against it.

Even if there was a proximate Democratic senate takeover, one Democratic State Senator told NY1 that he is opposed to the measure.

"My religion will not allow me to do it, plus I know about three or four other Democratic senators that won't vote for it," said Bronx Senator Ruben Diaz, Sr.

Gay marriage is legal is in a number of places, including Massachusetts, Canada, and Spain and in California starting on June 17.

Programming Note: "Inside City Hall" will have a debate on the issue tonight at 7 and 10 p.m.

SNAP POLL Is recognizing same-sex marriage a step toward legalizing it in New York?