New Jersey court opens the door to gay marriage
4-3 vote still gives lawmakers final call
In a ruling Wednesday that fell short of what either side wanted or feared, the New Jersey Supreme Court declared 4-3 that homosexual couples are entitled to the same rights as heterosexual ones. The justices gave lawmakers 180 days to rewrite the laws.
The ruling is similar to the 1999 high-court ruling in Vermont that led the state to create civil unions, which confer all of the rights and benefits available to married couples under state law.
"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 four-member majority.
The court said the state's Legislature "must either amend the marriage statutes to include same-sex couples or create a parallel statutory structure" that gives gays all the privileges and obligations married couples have.
The three dissenters argued that the majority did not go far enough. They demanded full marriage for gays.
In Utah, Bill Duncan, director of the Marriage Law Foundation, said the ruling re-affirms the need for the wording in Utah's constitutional amendment banning same-sex marriage that also bans other similar domestic unions.
"This decision makes it absolutely clear that those arguing that additional language is unecessary are clearly wrong," Duncan said. "It's now pretty obvious that courts are willing to order the (marriage) benefits, even if they're not willing to go all the way."
Mike Thompson, director of Equality Utah, disagreed, calling the New Jersey decision hopeful because it "properly recognizes there is no legal basis to discriminate against same-sex couples."
"There's no legitimate reason to discriminate against these families," he said. "It saddens me that in Utah families don't have the same types of protections that they do in New Jersey."
Gay rights activists had seen New Jersey as a promising place because it is a largely Democratic state in the Northeast. The only state to allow gay marriage is Massachusetts. The only states allowing civil unions are Vermont and Connecticut. New Jersey is also one of just five states that have no law or constitutional amendment expressly banning gay marriage.
If the court had legalized gay marriage outright, the effect could have been more far-reaching, and New Jersey could have become more of a magnet for gay couples than Massachusetts, which has a law barring out-of-state couples from marrying there if their marriages would not be recognized in their home states. New Jersey has no such law.
Comments
- Lost crab pots 2:56 p.m.
- Lightning delays shuttle launch 2:54 p.m.
- Sweating can be big stuff 2:53 p.m.
- Exhumation finds 1 body in grave 2:41 p.m.
- Body found at NY skyscraper 2:37 p.m.
- McNair mourned as a 'hero,' 2:31 p.m.
- Myths as persistent as mosquitoes 2:12 p.m.
- Hollywood glamour at Gaultier 1:58 p.m.
- Canal breaks, causes landslide in Logan 1:52 p.m.
- Reptile Lou won't eat 1:06 p.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- Jazz finances not quite so bleak
- Reactions on Boozer speculation
- Utahns among Texans' investors
- HBO defends U. logo use in 'Love'
- Cash for Clunkers to get rolling soon
- 10 years after the flood
- Jazz rookies quiet Thunder youngsters
- LDS seminary principal arrested
281 - Jazz brass debate Millsap match
180 - 2 men cited on LDS plaza
142 - Bronco collecting a galaxy of recruits
141 - Jazz talking Boozer trade?
140 - Blazers may offer Millsap a contract
124 - Stadium of Fire flag burning was fake
99 - Fairness of BCS debated
82 - Letters: Single-payer system best
76 - Services bids farewell to Jackson
70
By now you've probably read about the investigation that showed just how...
Here's BYU's press release on Jonathan Tavernari's big game for the...
BYU is clearly the better team of the two, they have proven that for the past...
Private property is private property. If you don't follow the wishes of the...
Looks like Portland is in the process of putting one over on the Jazz! We...
Whoa! This is another insane idea from this administration.
Big deal. 17 goals in 81 games is crap. He won't play in Europe so the...
I must have missed the accusation that President Clinton fondled a 16 year...
This is an absolute embarrassment and shame to the educational church...
Watching porn doesn't MAKE or turn someone into a pedophile. If that were...
While I see the point you are trying to prove here, it isn't anything like...
Even Obama said he was against the BCS system. Sounds like it has...



You can be the first to comment on this story.