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NJ Supreme Court Rules Vermont-Style

by: Jeff Gardner

Wed Oct 25, 2006 at 03:15:55 PM EDT



(Early support is the best kind. Kudos to Assemblyman Mims Hackett, who responded immediately with his support for full marriage equality. Coming of age in the South during the civil rights movement taught him a little something about how much words matter - a lesson we should all learn. - promoted by noweeman)

**UPDATE** Assembly Speaker Pro Tem Wilfredo Caraballo, Assemblyman Brian Stack and Assemblyman Reed Gusciora plan to immediately introduce a bill to provide for full marriage equality. Kudos.

**UPDATE 2** Assemblyman Mims Hackett has expressed full support of complete marriage equality, and will also be a sponsor of this bill.

**UPDATE 3** Senate Majority Leader Bernard Kenny may be on board, saying: "I'd have to look at the opinion and consider the legislation, but in principle I'm for it."

**UPDATE 4** Wow. Some shocking news from our neighbor. "Senator Hillary Rodham Clinton told a group of gay elected officials last night that she would support a gay marriage law in New York if a future governor and legislature chose to enact one, according to three participants at the meeting."

The NJ Supreme Court issued its long-awaited decision in the marriage equality case, finding that New Jersey's State Constitution requires equal rights for all - but, left it to the legislature to decide what to call it.

You can read the NJ Supreme Court's entire decision here (well, once the site traffic dies down), but the short version is: New Jersey has become the 4th state in the nation to recognize that same-sex couples are entitled to all the same rights of marriage (joining Vermont, Massachusetts and Connecticut), but has come short (so far) of becoming the 2nd state (after Massachusetts) to recognize full marriage equality. That decision is in the hands of the legislature.

The decision had been eagerly awaited by gay rights groups and progressive supporters of equality, many of whom will be (sortof) celebrating tonight at 7p in Montclair at the Unitarian Church of Montclair, 67 Church St., Montclair, NJ.

Some good news in the fight for equality - it's about time - but still a ways to go!

**UPDATE ON LAST NIGHT** An enthusiastic spillover standing room only crowd packed the Unitarian Church of Montclair last night - with a surprise visit from the lawsuit plaintiffs among the most inspiring moments. Their stories reminded everyone how important the fight for full marriage equality still remains. Sign the Petition for full marriage equality.

Jeff Gardner :: NJ Supreme Court Rules Vermont-Style
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Congratulations, Brothers and Sisters (0.00 / 0)
Tonight, we celebrate. 

If you're reading this, and you're straight - as I am - this is an invitation to come to Montclair tonight to show the world that we celebrate each other's lives in New Jersey, and that a civil rights victory for some of us is a civil rights victory for all of us.

Rosi Efthim
NJ DFA

It's not a particularly snappy signature, but here's what I think we need in the next NJ Democratic State Chair.  


And it's on to the Legislature.... (0.00 / 0)
which I hope we'll all do together.

It's not a particularly snappy signature, but here's what I think we need in the next NJ Democratic State Chair.  

On to the Legislature indeed (0.00 / 0)
Time to separate the wheat from the chafe.

[ Parent ]
LOL - the wheat from the chafe! (0.00 / 0)
I'm sure that was just a typo but it's funny as hell. And it kinda works.
:)

It's not a particularly snappy signature, but here's what I think we need in the next NJ Democratic State Chair.  

[ Parent ]
Two of my bestest friends in the whole world... (0.00 / 0)
Are a committed, long-term gay couple. One is my parish priest. They have been waiting for this for a long time.

I am so damn happy for them and all of the LGBTI community who will benefit from this.

Such a good day. Such a good ruling.

The nom de plume has a long and distinguished history.


News12 -- As_______ as local news gets. (4.00 / 1)
At 3:15 I turned on News12, I figured they might show some live coverage of the Rally.  Instead they had their reporter across the street stumble through the court decision.

BlueJersey has the ruling plus several interesting interpretations and points of view less than 30 minutes from the ruling, while a "professional" news organization had to think twice about interrupting the weatherman before he finished telling people to set their clocks back Saturday night before they go to sleep so as to not be late to services on Sunday. 

If Corzine gave any hint to the next phase of all of this, it was at the IUC fundraiser for Carol Gay last week when he spoke about fighting for progressive values to move our state (and perhaps our country and culture) forward. 

News12 also reported that Republican Statehouse members are already drafting legislation to amend the state constitution to define marriage as "between and man and a woman."

Bravo for a step in the right direction.  Now if only we could get Republicans to move that 3 inch gap with us to a more tolerant and considerate world.



-- Mitch
ManzellaNews.com



NJ versus Vermont (0.00 / 0)
was the vermont decision for full equality, i.e. all rights and privileges?

That was what the Vermont Court held (0.00 / 0)
The Vermont legislature then adopted its Civil Union law, which has remained in effect ever since. By definition of course, not calling it marriage means it does not include all the privileges.

[ Parent ]
Poritz's dissent (4.00 / 2)
By definition of course, not calling it marriage means it does not include all the privileges.

That was Chief Justice Poritz's point in her partial concurrence/partial dissent, which was joined by Justices Long and Zazzali.  In her words,

[Plaintiffs] ask to participate, not simply in the tangible benefits that civil marriage provides -- although certainly those benefits are of enormous importance -- but in the intangible benefits that flow from being civilly married.

< snip >

... When we say that the Legislature cannot deny the tangible benefits of marriage to same-sex couples, but then suggest that "a separate statutory scheme, which uses a title other than marriage," is presumptively constitutional, we demean plaintiffs' claim.  What we "name" things matters, language matters.

(Citations omitted; emphasis added.)

When you hear tonight's news coverage of a "4-3" decision where "3 justices dissented" from the majority, remember that those justices dissented because, in their view, the majority didn't go far enough.  The vote for full equality of rights ("by any name") was 7-0.


[ Parent ]
7-0 (0.00 / 0)
for equal rights and privileges.

great news (0.00 / 0)
Congratulations. 

I have to think of a witty signature about Frank LoBiondo

$ave the State money - Support Marriage Equality (4.00 / 1)
If the Legislature doesn't do the right think and allow gays to marry in the State, every piece of marriage law in the State will have to be changed to create an alternative "separate but equal" system.  That "system" will later be challenged and debated more, at a cost of even more resources.  At a time when the State is in a budget crisis, let's press our State reps to save the State money by allowing gays to marry, period.  MASS has led the way, nothing bad is happening to heterosexual marriage there, nothing bad is happening to kids in MASS that wasn't happening before, so what is the point?  Anyone in favor of this alternative "system" idea must love to pay taxes.

Massachusetts marriage (4.00 / 2)
Not only has nothing bad happened to heterosexual marriage in Massachusetts, but - hold onto your hats - Massachusetts actually has the lowest divorce rate in the nation. Imagine that - letting people who want to get married get married strengthens marriage.

[ Parent ]
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