(New York City) Bills that would legalize same-sex marriage are expected to be taken up by law makers in five states when the new sessions of the legislatures begin. In three of the states - New York, New Jersey and New Hampshire -LGBT rights groups say there is a strong indication they will be passed.

Forty years of Republican rule in the New York state Senate came to an end Tuesday night, resulting in the Democrats now having total control of the Legislature and the governor’s mansion.

That raises the chances significantly that a marriage equality bill will be enacted in the Empire State.

In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the legislature.

A bill that would allow same-sex couples to marry in New York passed the Democrat-controlled Assembly last year, but Republicans who then controlled the Senate refused to consider the legislation.

The legislation will be reintroduced in the new session. Gov. David Paterson has said he would sign the measure.

Earlier this year ,Paterson issued an executive order recognizing the marriages of same-sex couples who were married in areas where they are legal.

New Jersey

New Jersey also could see passage of same-sex marriage legislation.

In 2006, the state Supreme Court ruled same-sex couples must have all the rights of marriage. 

The Court gave the New Jersey State Legislature 180 days to act on the decision to grant same-sex couples the rights and benefits enjoyed by different-sex married couples, but left it up to the legislators to decide whether to call it marriage or civil unions.

The legislature opted for civil unions. But that, said civil rights groups, amounted to separate but equal.

A commission established by the state to study same-sex civil unions in New Jersey agreed with that argument.

The commission held three public hearings last year, at which the majority of the testimony came from people who were in civil unions and said they were still not being treated the way married couples are by government agencies, employers and others.

For instance, the commission found that many companies in the state that are self-insured - and therefore are regulated by federal, rather than state, law - refuse to provide health insurance to the partners of their employees.

A bill to allow for same-sex marriage was filed in the last session of the New Jersey legislature, but gained little support in an election year from either House or Senate leaders. With a new legislature to be sworn in, the bill is expected to be refiled and Garden State Equality believes it will have a strong chance of passage.

Gov. Jon Corzine has said he would sign a marriage bill if it were passed.

New Hampshire

There also is a strong likelihood a gay marriage bill will pass in New Hampshire.

Rep. Jim Splaine, who sponsored the state’s civil unions law, said he believes there will be enough votes to pass his same-sex marriage bill.

But state Republicans not only oppose the marriage bill, they say they will bring in legislation that repeal the civil union law that went into effect last January.

Other States

Two other states also are likely to have marriage equality bills: Rhode Island and Maryland.

A bill to allow same-sex marriage was filed in the Maryland legislature in January, but failed to gain traction. It is expected to be refiled in the next session, but its fate is unknown. Legislation is also expected in Rhode Island.