NEW YORK STATE -- As New Hampshire lawmakers legalized same sex marriage on Wednesday, a lack of support in New York indicates the Empire State isn't close to join the growing list of states granting weddings to gays and lesbians.

An exclusive Capital Tonight tally shows 28 of 62 senators are opposed. Just 20 are for it, nine are undecided and five still won't say how they plan to vote if the bill comes to the floor.

Asked about our tally, Governor Paterson, a big supporter, said he didn't think the odds are that bad, but notably didn't appear convinced of the bill's passage either.

"I'm encouraged, but either way, I think it's really raised the specter of the conversation and I think it's the right thing to do," Governor Paterson said.

On Monday, the Senate's sponsor predicted victory. But confronted with our numbers Wednesday?

"I don't know what to say about that. But what I will say, is that the bill is gonna pass, we're gonna have the vast majority of Democratic votes. And several Republican votes as well," said Senator Thomas Duane.

There are no GOP Senators behind the bill. They are under pressure on both sides from fellow Republicans and former Republicans, like Mayor Bloomberg, a big financial backer of the state party and supporter of same sex marriage.

There's also lobbying for marriage from Republicans across the Capitol from the Senate who voted for same sex marriage when the Assembly passed the bill last month.

"This is a matter of being in America. There's no room for discrimination of any kind against anyone in this country," said Assemblyman Joel Miller.

Miller, of Poughkeepsie, also voted in favor of the bill in 2007, without later facing a party primary.

"And sometimes, even if you put your political career in jeopardy, it's still the right thing to do and to do anything otherwise is a sell-out, it's pandering and it's the wrong thing to do and I won't do that," said Miller.

Fred Thiele Jr. voted against the measure in 2007, then changed his mind.

"I could never answer the question of why I voted no adequately for myself and for others," Thiele said.

Twenty-two Republican senators say they are opposed, among them, the two Senators representing those Assembly members’ districts. And the influential state conservative party is threatening to withhold support from those backing legalizing same sex marriage.