Gay Marriage Advocates Turn To N.J. Legislature

by 365Gay.com

Trenton, New Jersey) Wednesday's New Jersey Supreme Court ruling throws the issue of same-sex marriage into the lap of the Legislature and LGBT civil rights groups say they won't rest until marriage equality legislation is passed.

The Supreme Court said that the state constitution was not violated by denying same-sex couples marriage licenses but it said they must be accorded all of the rights and responsibilities marriage accords opposite-sex couples. (story)

The ruling allows the Legislature to either enact a law allowing those rights to be accorded through marriage or civil unions.

Within minutes of the release of the written ruling three state legislators announced they would bring in a gay marriage bill.

Assemblyman Wilfredo Caraballo, the Assembly Speaker Pro Tem, joined by Assemblyman Brian Stack and Assemblyman Reed Gusciora, said they will introduce marriage-equality legislation shortly after the Legislature resumes.

"The bottom line here is that the entire court said that there must be a remedy for the inequality that bars same-sex couples from marriage," said David Buckel, Marriage Project Director who argued the case before the high court as lead counsel for Lambda Legal.

"The question for the Legislature is an easy one: whether to follow through on the support of the majority of voters in this State to allow their gay friends and neighbors to marry, including over 20,000 committed same-sex couples raising more than 12,000 children."

"Our community has a stunning track record, with victory after victory, when our fate is our own hands rather than in a court's," said Garden State Equality Chair Steven Goldstein.

"So right here and now, without wasting a moment, Garden State Equality kicks off its Campaign for a Marriage Equality Statute."

A broad loose coalition of 268 community leaders has called on the legislature to legalize same-sex marriage. They include 84 African-American community leaders, 68 Latino/a community leaders and 54 labor union leaders and organizers.

“Today’s New Jersey Supreme Court ruling recognizes the equal needs of same-sex couples and their families," said National Gay and Lesbian Task Force executive director Matt Foreman. " It is now up to the Legislature to implement the court’s decision by amending the state’s marriage laws to include same-sex couples; nothing less will suffice

The case was closely watched by LGBT advocates across the country. Unlike Massachusetts, the only state that currently allows same-sex marriage, New Jersey law does not bar the issuing of marriage licenses to people from out-of-state whose marriages would not be recognized in their home states.

Had the court mandated same-sex marriage hundreds of gay and lesbian couples would have gone to the Garden State to wed.

A win for gay marriage would also have helped in other states where same-sex marriage cases are currently being heard by lower courts.

"This is a bittersweet decision," said Marriage Equality USA Executive Director Davina Kotulski.

In New York, where that state's Supreme Court ruled in July that the state "Constitution does not compel the recognition of marriages between members of the same sex" (story) the New Jersey ruling is seen as an improvement.

"As a result of today’s decision in New Jersey, New York falls even further behind its neighbors in protecting same-sex couples and their families," said Alan Van Capelle, Executive Director, of Empire State Pride Agenda.

"With the exception of Pennsylvania, every U.S. state and Canadian province bordering New York has passed some type of comprehensive measure to protect gay and lesbian families. Protections for our families in New York are woefully inadequate and we are being left out in the cold to fend for ourselves. It’s time for Albany to step up and start leading."

Opponents to same-sex marriage also were unhappy with the ruling.

"This is a wake-up call for people who believe that marriage doesn't need constitutional protection," Glen Lavy, senior counsel for the Alliance Defense Fund, which has opposed same-sex marriage in numerous court cases nationwide told the Associated Press.

Bill Donohue, president of the Catholic League, called the ruling "a plus" on the premise it would stir up resentment of "arrogant judges" and boost conservative election prospects.