Same Sex Marriage Ruling in New Jersey
Same Sex Marriage Ruling in New Jersey
October 25, 2006Posted By weddings
More articles on the Weddings topic: Wedding News
The New Jersey Supreme Court has issued a 4-3 ruling allowing same sex marriages.
The plaintiffs in the case were 7 same-sex couples who have been together for at least 10 years. They sued on the basis that they wanted the legal, financial, and social benefits that marriage provides.
Victory in the case was handed to the state initially, without trial. A lower appelate court upheld the decision with a split ruling stating that only the legislature has the power to grant same-sex marriages. These rulings made their way to the Supreme Court via appeal, by virtue of the split decision made by the lower court.
There is question as to whether this ruling actually means that all same-sex couples can get married, and if so, when. Similar rulings across the country have been shot down by higher courts or legislative efforts, but this is the first ruling made by a State Supreme Court favoring same-sex marriages.
The supreme court held that denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose.
Further, it held that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes.
It did stop short of guaranteeing a union termed "marriage". The ruling stats that 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.
What democratic process will actually result in the name of the union is unclear.
Since this case was also a split decision, I wonder if the possibility exists that it can actually be appealed to the Supreme Court of the United States. Not knowing much about the process myself, I can't really speculate, but the question of law in this case is based on conflicting statements in the New Jersey constitution and in New Jersey marriage laws - so a Supreme Court ruling in either direction would likely have no affect on other states. I would imagine that federal lawsuits would follow in the coming years if several Supreme Courts made similar rulings. Those federal lawsuits would challenge the ability of the Federal Government to fail to recognize same sex marriages. Of course, that's just speculation on my part.
