Denying Same Sex Marriage Held To Be Unconstitutional in NJ


And here's the text:

HELD: Denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose. The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed samesex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to the statutory scheme that provides full rights and benefits to samesex couples, whether marriage or some other term, is a matter left to the democratic process.

Pre-emptive pushback - Chief Justice Deborah Poritz is Republican, and was appointed by Republican Governor Christie Wittman.

More After the Fold

John Aravoisis notes that this is the same basic position as George Bush took in the 2004 election.

New York Times: Elizabeth Bumiller

"President Bush said in an interview this past weekend that he disagreed with the Republican Party platform opposing civil unions of same-sex couples and that the matter should be left up to the states."

"Mr. Bush has previously said that states should be permitted to allow same-sex unions, even though White House officials have said he would not have endorsed such unions as governor of Texas. But Mr. Bush has never before made a point of so publicly disagreeing with his party's official position on the issue."

"In an interview on Sunday with Charles Gibson, an anchor of "Good Morning America" on ABC, Mr. Bush said, "I don't think we should deny people rights to a civil union, a legal arrangement, if that's what a state chooses to do so." ABC, which broadcast part of the interview on Monday, is to broadcast the part about civil unions on Tuesday."....

"I view the definition of marriage different from legal arrangements that enable people to have rights. And I strongly believe that marriage ought to be defined as between a union between a man and a woman. Now, having said that, states ought to be able to have the right to pass laws that enable people to be able to have rights like others."


Ian Welsh October 25, 2006 - 2:21pm

A six-month timetable has been set for the state legislature to come up with the terminology. Should be an interesting time in Trenton.

The decision was 4-3.

Flyer Anne October 25, 2006 - 2:37pm

for the Press to start screaming 'Activist Court/Judges' without regard to the fact that the Chief Justice (who voted to strike down the statute) is a Republican, and a Republican appointee.

stopwatches out........Click!

-5.75,-4.05 "I am in earnest; I will not equivocate; I will not excuse; I will not retreat a single inch; and I will be heard."
William Lloyd Garrison
US abolitionist & editor (1805 - 1879)

justadood October 25, 2006 - 5:46pm

welcome to "Progressive Blowback", Chapter One.

Escher Sketch October 25, 2006 - 6:28pm

One of the very first things Bush said after the 2004 election was that he wasn't going to pursue a gay marriage amendment because the Senate would never approve it. Boy did he have to back down fast on that one - it sent shock waves through the religious right who had just given him 80% of their vote because he was such a man of God.

Bush's heart doesn't seem to be into these gay bashing issues and he's constantly trying to squirm away from his party's doctrinaire positions.

Numerian October 26, 2006 - 6:56am

from the October 27, 2006 edition - http://www.csmonitor.com/2006/1027/p01s01-uspo.html

N.J. boost for gay couples buoys GOP

Wednesday's ruling in favor of full legal rights for gay couples may galvanize certain voters.

By Alexandra Marks | Staff writer of The Christian Science Monitor

NEW YORK
The political fallout from Wednesday's New Jersey Supreme Court ruling in favor of full rights for gay couples could ripple far beyond the borders of the Garden State.

With control of the House and Senate at stake in the Nov. 7 midterm elections, Republican leaders are hoping the ruling will give their wavering conservative base - who would see the court's move as another attack on traditional marriage - a reason to go to the polls.

The New Jersey outcome could suddenly give impetus to voters in eight states where the ballot includes measures to ban gay marriage. In some of these states - Tennessee and Virginia, especially - the races for Senate seats are too close to call. Others, namely Arizona and Colorado, have hotly contested House races that may give a boost to Republican candidates.

The ruling, which found that gay couples in New Jersey are entitled to the same legal and financial protections as heterosexual couples, could tip the national balance, many political analysts say.

"The Republicans are thrilled and the Democrats are furious with those judges, and that tells me all I need to know," says Larry Sabato, a political analyst at the University of Virginia. "Both sides understand this is a boost for Republican turnout among social conservatives, many of whom were very discouraged and probably were not going to vote because of the [Mark] Foley scandal and Iraq."

Some analysts, though, disagree. Gay marriage has lost some of its salience as a galvanizing issue, they say, in part because Americans are so focused on the war in Iraq.

"The country seems very, very centered on Iraq, and ... it's very unlikely that something that happened in New Jersey is going to energize social conservatives," says Cliff Zukin, a professor of public policy at Rutgers University in New Jersey. "Every poll I've looked at suggests that Iraq remains the defining issue."

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Tina October 26, 2006 - 2:55pm

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