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October 26, 2006
Speaking of Marriage...
The ancestral homeland opened the door to gay marriage yesterday, ruling that the state must grant the same rights to homosexual unions as heterosexual ones, and giving the state legislature 180 days to write the appropriate legislation. Though some gay rights groups are unhappy that the court refused to mandate gay marriage, they essential won the issue, as the court mandated equal rights for gay couples, but left it to the legislature whether to call gay unions "marriages" or "civil unions." Conservative groups are understandably unhappy. The Garden State is currently one of only five states that doesn't have a constitutional amendment or law on the books explicitly forbidding gay marriage, though one Republican state legislator hopes to change that by constitutional amendment in 2007.
Vermont and Connecticut currently allow civil unions for homosexuals. Massachusetts is the only state so far that allows gay marriages. If the Garden State goes the gay marriage route, some experts expect a lot of gay couples to flock to the state to get married, as Massachusetts state law forbids marriages for nonresidents whose home states wouldn't recognize the union.
Both Senate candidates, Democratic incumbent Bob Menendez and challenger Tom Kean Jr. say they oppose gay marriage, but only Kean has called for a constitutional ban. Menendez says he supports civil unions.
The text of the New Jersey Supreme Court's decision can be found here.
Posted by David Darlington at October 26, 2006 09:13 AM
David, you're right that MD opened the door to gay marriage, notwithstanding the spin some conservative think tanks have put on the case to minimize damange. Heck, even the dissent agrees that the same rights afforded married couples must be given to homosexuals in "unions." The dissent is a dissent only on the grounds of semantics: What do we call this? The majority said the legislature should decide: "The name to be given to the statutory scheme that provides full rights and benefits to same sex couples, whether marriage or some other term, is a matter left to the democratic process." The state cannot determine whether same sex unions are in the best interests of the state, but, oh boy, it can name them.
Posted by: Seth at October 26, 2006 12:30 PM | permalink
Is anyone else as apathetic and bored about this issue as me? Sorry, I just don't care whether the 2% of the population that is gay chooses to "marry" their lovers - it doen't affect me, it doesn't affect my prospects at getting married, it doesn't nullify or modify my parents' marriage or anyone else's. I do think that the legal benefits of marriage should be conferred upon homosexuals committed to a lifelong partner, and frankly I don't think it's fair that cohabitation is enough to grant those benefits, while heterosexual cohabitating couples are denied them. Why not make homosexuals jump through the same legal hoops as everyone else, and apply for a [insert the word marriage here or not] license to receive those benefits? Yawn.
Posted by: Chuck at October 26, 2006 03:28 PM | permalink
Just a note, but recognition of common law marriage (as Chuck refers to in "cohabitation is enough"), and the subsequent bestoal of marrital rights, has been abolished in most US jusiditions. NJ got rid of it in '39. Furhter, it was never enough under the common law to simply live together (as this commonly ran aground of fornication laws), but necessary to notoriously hold yourselves out as being husband and wife from the beginning of the time of the cohabitation.
Posted by: Seth at October 26, 2006 03:47 PM | permalink
Dr. Savage explains how the homosexual resigned in disgrace former governor of that state packed his court with homosexuals. Don't know if Dr.Savage is correct or not, but, courts should not be involved in the manufacture of basic laws. It was bad enough in the 1940's having the Masons/KKK rewriting the Constitution.
Posted by: Anonymous at October 26, 2006 03:47 PM | permalink
Jim McGreevey appointed three people to the Court, each of whom are married, and who have a combined 10 children between them. Savage should not be considered an expert in NJ politics.
Posted by: David at October 26, 2006 06:47 PM | permalink
I've not read the whole opinion, but I gather that whatever scheme the legislature develops, it wil require something akin to a marraige licensing process. Don't the other states require this as well? I can't imagine that "cohabiting is enough" because, as Seth points out, it never really has been.
Posted by: Nick Blesch at October 27, 2006 12:34 PM | permalink
Thanks for letting us know that he only appointed three jurists. By the way, how many children did this fellow have with his wife? Not that I am any expert on New Jersey either.
Posted by: Anonymous at October 30, 2006 09:58 PM | permalink
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