Friday, October 27, 2006

It Girl, Friday, October 27: New Jersey



There is marriage equality (sort of) in the state of New Jersey!

I didn't want to rely for a plain-jane map of the Garden State, so I borrowed a picture of gay-friendly, Jersey Girl, Kelly Ripa (of who I am a secret fan).

The New Jersey Supreme Judicial Court decided on Wednesday, October 25th that "Although we cannot find that a fundamental right of 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."

Basically the court gave the legislature 180 days to put gay partners under the banner of "marriage" or construct some parallel civil union status.

I think this is wonderful news. What's more is that Chief Justice Poritz dissented in part because the ruling didn't go far enough, i.e. gays should be allowed to get married, and should be allowed to embrace the same term that straights do.

Obviously, the Massachusetts SJC decision is much more sweeping and gratifying, but we have to look at the fundamentals of New Jersey which undercuts the reasoning for all those other DOMA laws out there: gay couples deserve the same rights as straight couples. If we have to pay taxes, we are entitled to the same benefits and programs and essentially, symbols and language.

I know some friends will be upset with my joy ... but this "hairsplitting" New Jersey decision is still a step forward ... now hopefully the NJ legislature can have a civilized discussion of why there should be no "separate but equal."

1 Comments:

At 10:30 AM, Anonymous Anonymous said...

This ruling is a true victory. However I fear that NJ will be left with civil unions and not marriage. "New Jersey Gov. Jon S. Corzine (D) and leading state lawmakers say there is little chance that the legislature will approve same-sex marriage" http://www.365gay.com/Newscon06/10/102706njUnions.htm

If the court had granted full marriage rights, same-sex couple in NJ would be eligible to receive 1400 rights. With civil unions they will only receive 350 rights.

 

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