In a November 2009 decision in Godfrey v Spano, the New York Court of Appeals held that Westchester County could lawfully extend government benefits to same-sex couples in out-of-state marriages.

[6] Following the Hernandez v Robles decision in 2006, the focus of the same-sex marriage battle shifted to the executive and legislative branches of government.

The failed Senate vote "followed more than a year of lobbying by gay rights organizations, who steered close to $1 million into New York legislative races to boost support for the measure".

Activists formed a direct action group named Queer Rising and staged a protest outside the New York City marriage bureau.

[22][better source needed] Those activists then increased the number of direct action protests[23] and succeeded in putting the issue of marriage equality on the social and legislative agenda for over a year.

Queer Rising inspired the creation or actions of other LGBTQ or civil rights groups that, likewise, put pressure on the Government to enact marriage equality.

[25] Governor Andrew Cuomo, who took office on December 31, 2010,[26] supported same-sex marriage, as did New York City Mayor Michael Bloomberg.

[27] Cuomo called a March 2011 meeting with same-sex marriage advocates to strategize about the legislation, and he played a major role in pushing for it.

[28][29] Other supporters included the Empire State Pride Agenda, the Human Rights Campaign, Equality Matters,[30] Freedom to Marry, and New Yorkers United for Marriage.

[29] Opponents included Archbishop Timothy Dolan of the Roman Catholic Archdiocese of New York, the National Organization for Marriage, Democratic State Sen. Rubén Díaz Sr. of the Bronx, the Empire Missionary Baptist Convention, Orthodox Jewish leaders, New Yorkers for Constitutional Freedoms,[31] and the Coalition to Save Marriage in New York.

[39][40] On the same day, Governor Cuomo issued a message of necessity to the Senate, allowing the bill to bypass the normal three-day aging process.

Governor Andrew Cuomo signed the act into law at 11:55 P.M.[47] Republican senators Mark Grisanti and Stephen Saland joined Sens.

[51] Two town clerks, one in Barker and another in Granby, resigned their positions due to moral and religious objections to signing marriage certificates for same-sex couples.

[68] Kathleen Rice, the district attorney for Nassau County, warned all town clerks within her jurisdiction they could face criminal charges if any refused to perform their duties with respect to same-sex marriages.

[71] New Yorkers for Constitutional Freedoms set up a "Courage Fund" to "assist courageous municipal clerks and other people of conscience in New York State who oppose same-sex 'marriage' from harassment, denial of rightful promotion, or unfair termination for invoking New York State law protecting their sincerely-held religious beliefs".

"[81] In the general election, Grisanti defeated three other candidates, including a Conservative Party challenger who opposed same-sex marriage.

[91][92] Di Carlo continued his campaign as the candidate of the Conservative Party, and Saland lost the general election to Democrat Terry Gipson[93] by a margin of 2,096 votes.

[103] Sen. Ruben Diaz, Sr., a Democrat and the most prominent opponent of the Act, announced at a rally on July 24, 2011 that he would file a lawsuit alleging that the same-sex marriages performed on that day were illegal.

Diaz said the lawsuit would challenge judicial waivers that allowed a same-sex couple to marry on the same day they applied for a marriage license.

[105][106] On November 18, 2011, Acting Supreme Court Justice Robert B. Wiggins allowed the plaintiffs' claims under the Open Meetings Law, but dismissed other portions of the case.

He noted: "It is ironic that much of the state's brief passionately spews sanctimonious verbiage on the separation of powers in the governmental branches, and clear arm-twisting by the Executive on the Legislative permeates this entire process.

"[107] On July 6, 2012, a five-judge panel of the Appellate Division ruled unanimously that no violation of the Open Meetings Law had occurred and dismissed the suit.