NJ Court: Gay couples have marriage rights

TRENTON ~ New Jersey's Supreme Court opened the door to gay marriage Wednesday, asserting that homosexuals are entitled to the same rights as heterosexuals, but leaving it to lawmakers to legalize same-sex unions.

The high court gave lawmakers 180 days to rewrite marriage laws to either include same-sex couples or create a new system of civil unions for them. Republicans, who are in the minority in the Legislature, said they would work to ban same-sex unions by calling for voters to change the constitution.

The ruling Wednesday is similar to the 1999 decision in Vermont that led to civil unions there, which offer the benefits of marriage, but not the name.

"Although we cannot find that a fundamental right to same-sex marriage exists in this state, the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state Constitution," Justice Barry T. Albin wrote for the 4-3 majority's decision.

The minority opinion called for full gay marriage; the majority called for gay couples to have all the rights of marriages but left the details to the Legislature.

While the court did not legalize gay marriage -- and said the Legislature will have to decide what exactly to call unions between gays and lesbians -- its strongly worded majority opinion castigated the treatment homosexuals receive because they are not offered legal protections.

"The seeming ordinariness of plaintiffs' lives is belied by the social indignities and economic difficulties that they daily face due to the inferior legal standing of their relationships compared to that of married couples," the ruling states.

Reaction to the announcement was muted at the Newark law offices where the plaintiffs gathered Wednesday afternoon. Some of the plaintiffs wore looks of confusion as attorneys explained the ruling.

"I'm definitely encouraged," said Chris Lodewyks, of Pompton Lakes, but added, "I'm not sure what this exactly means in terms of marriage."


Plaintiff Diane Marini of Haddonfield said she won't be satisfied until gays and lesbians can use the term "marriage" to describe their unions.

Reflecting on her partner, Marilyn Maneely, who died last year, Marini said, "I know that she's thrilled that we're here. I know that her spirit knows that she died knowing a legacy was being built around what we did."

For gay rights advocates, there was debate whether the ruling was a victory.

Lara Schwartz, legal director of Human Rights Campaign, said the decision for Legislators between civil unions and marriage is a no-lose situation for same-sex couples. "They get to decide whether it's chocolate or double-chocolate chip," Schwartz said.

Steven Goldstein, the executive director of Garden State Equality, New Jersey's main gay rights group, said his group only wants marriage.

"This decision takes us from third-class citizens to second-class," Goldstein. "Nowhere near first-class. We get to go from the back of the bus to the middle of the bus."

The debate about what the Legislature should do began immediately.

Assemblyman Reed Gusciora said he will help spearhead efforts to push a law legalizing gay marriage -- rather than civil unions -- through the Legislature.

"It's the full rights of marriage," said Gusciora, D-Mercer. "New Jersey is a progressive state and has a tradition of tolerance."

Assemblyman Richard Merkt, R-Morris, said he would seek to have the four justices who approved the ruling impeached. "Neither the framers of New Jersey's 1947 constitution, nor the voters who ratified it, ever remotely contemplated the possibility of same-sex marriage," Merkt said.

John Tomicki, president of the League of American Families, said he hopes the Legislature will ignore the court's ruling. He also called for an amendment to the state constitution to ban gay marriage, something that would have to be approved by voters. Such an amendment has often been proposed, but has never had serious consideration in Trenton.

Some Republican lawmakers said they would now fight for it.

"Not only does this reflect the intent of the current law, but it also would give New Jersey voters a chance to have a voice in this matter when the issue comes to the ballot for a vote," said Assemblyman Guy Gregg, R-Morris.

Gay couples in New Jersey can already apply for domestic partnerships under a law the Legislature passed in 2004 giving gay couples some benefits of marriage, such as the right to inherit possessions if there is no will and healthcare coverage for state workers.

Democratic Gov. Jon S. Corzine supports domestic partnerships, but not gay marriage.

Supporters pushing for full gay marriage have had a two-year losing streak in state courts including New York, Washington, and in both Nebraska and Georgia, where voter-approved bans on gay marriage were reinstated.

They also have suffered at the ballot boxes in 16 states where constitutions have been amended to ban same-sex unions.

Cases similar to the one ruled on Wednesday, which was filed by seven by gay New Jersey couples, are pending in California, Connecticut, Iowa and Maryland.

HOW THEY RULED

A summary of how the justices of the New Jersey Supreme Court decided the gay marriage case. Under New Jersey tradition, no party has more than four members on the court.

In a 4-3 ruling, the court modified and affirmed an appellate court ruling, determining that same-sex couples have the same rights as heterosexuals, but sent the question of gay marriage to the Legislature.

MAJORITY

Justice Barry T. Albin, a Democrat, appointed by former Gov. James E. McGreevey, a Democrat.

Justice Jaynee LaVecchia, an independent, appointed by former Gov. Christie Whitman, a Republican.

Justice John E. Wallace Jr., a Democrat, appointed by former Gov. James E. McGreevey, a Democrat.

Justice Roberto A. Rivera-Soto, a Republican, appointed by former Gov. James E. McGreevey, a Democrat.

DISSENTERS

Chief Justice Deborah Poritz, a Republican, appointed by former Gov. Christie Whitman, a Republican.

Justice Virginia Long, a Democrat, appointed by former Gov. Christie Whitman, a Republican.

Justice James R. Zazzali, a Democrat, appointed by then-Gov. Christie Whitman, a Republican.

In her separate opinion, joined by Long and Zazzali, Poritz concurred with the majority that denying rights to homosexual couples violates the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution.

She dissented from the majority's distinguishing those rights and benefits from the right to the title of marriage. She also dissented from the majority's conclusion that there is no fundamental due process right to same-sex marriage in the "liberty" guaranteed by Article I, Paragraph 1

CFPA: This is a perfect example of why Christians need to to be actively involved in politics.

Posted: 25 Oct 2006