Governor Paterson said he's reached an agreement with Senate leadership and the issue of marriage equality will be debated on the floor before the end of the year. This after state lawmakers held an an unproductive special session in Albany, just a day after the governor asked a joint session to close the budget deficit and take up the civil rights issue of same-sex marriage. Our Erin Billups has the latest from the Capitol.

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"We're working, we're working very hard towards an agreement," said Senate Democratic Conference Leader John Sampson.

...Gay marriage advocates flooded the Capitol hallways Tuesday, quickly making the fate of the bill the issue of the day.

"It just creates distractions," said Senator John Bonacic.

As it became clear the same sex-marriage bill would not make it to the Senate floor Tuesday, the protests grew louder and the finger-pointing began.

"If you want to be a reverend, then go back to the church. If you want to be a senator, then you stand up for the rights and laws of this country," said Cathy Marino-Thomas, president of the Marriage Equality New York Board.

"If I want to be a senator, let the people of my district decide that. Not you," said Senator Ruben Diaz.

Still, senators on both sides of the aisle say the votes are not there. Diaz, an outspoken opponent of gay marriage, said last week's elections weakened support., especially from Republicans who need financial backing from Conservative groups.

"The people of the nation have rejected gay marriage in California, now in Maine and the 23rd Congressional District, they rejected that," Diaz said.

Bill sponsor and openly gay Senator Tom Duane said it's not over yet.

"I am very optimistic and continuing to, as I've been doing for a long time, to lobby my colleagues on both sides of the aisle and I remain very optimistic," said Duane.

The governor said he will call a special session for Monday and Tuesday of next week and despite the resistance, gay marriage will still be on the agenda. He's imploring senators to bring the bill to the floor for an up or down vote, saying it's better than inaction.

The governor said they need to rework his proposed cuts to health care and also that the cuts to education are necessary, saying the school districts targeted have the money in reserve funds to cover the cuts.