Sherry dropped me a note this morning and wanted to know if this slipped past my radar – and it almost did. I hadn’t gone through my news clips to read the decision reached by the New Jersey Supreme Court. As many who read my blogs may know, I fully support the right of every individual to make a marriage whether they are same-sex or not. This is an issue that’s been of ripe debate throughout the country and everyone has an opinion.
Well today, so does the New Jersey Supreme Court.
“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.
Currently, 15 states have banned gay marriage in their state constitutions, but New Jersey has no such ban and according to their Supreme Court, they’d have a hard time getting one. Democratic Governor John S. Corzine is supportive of domestic partnerships, but does not seemingly support gay marriage.
The New Jersey legislature passed a law in 2005 giving gay couples some benefits of marriage such as inheritance and healthcare coverage for state workers if they applied and received domestic partnership status. However, with the handing down of this decision, there are rumors that laws will be introduced into the state legislature to give same-sex couples the same full marriage rights as everyone else.
The New Jersey Supreme Court ruling is similar to the Vermont decision made in 1999 that led to civil unions in the state, offering same-sex partners all the benefits of marriage save the name. In New Jersey, lawmakers now have 180 days to rewrite their marriage laws in order to include same-sex couples or create a new system such as that in Vermont that allows civil unions.
This is a good day and hats off to the Court and the Lawmakers. While some may feel that creating a system of Civil Unions isn’t a victory when they can’t call it marriage – I would have to disagree. The recognition of same-sex unions and the acknowledgement of all the rights is a huge step.
What does it matter what the government calls it after that?
To read the State Supreme Court’s opinion, click here.
Read Sherry’s Counterpoint here.
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