Posted by
kikasuiboy on Thursday, October 26, 2006 7:56:25 AM
The
state Supreme Court ruled today that same-sex couples are entitled to
the same nuptial rights as heterosexuals, but ordered lawmakers to
decide whether it can be called marriage or some other form of civil
union.
"Although
we cannot find that a fundamental right to 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," Justice Barry Albin wrote for the majority in a 4-3
ruling.
It was difficult for those on either side of the issue to claim victory, or defeat.
"Those
who would view today's...ruling as a victory for same-sex couples are
dead wrong," said Steven Goldstein, chairman of Garden State Equality,
a gay rights organization. "Marriage is the only currency of commitment
the real world universally understands and accepts."
John
Tomicki, executive director of the League of American Families, which
opposes same-sex marriage, said, "The court subverted the Constitution
and they subverted the definition of marriage...We will now move for a
constitutional amendment that defines marriage as between a man and a
woman."
In its ruling, the court ordered the Legislature to address the issue.
"The
Legislature must either amend the marriage statutes to include same-sex
couples or create a parallel structure which will provide for, on equal
terms, the rights and benefits enjoyed and burdens and obligations
borne by married couples," Albin wrote.
State Sen. Raymond Lesniak said he welcomes that mandate.
"We
still have options. We could just redefine marriage," said Lesniak
(D-Union). "The larger issue, at least for me, is that gay couples will
no longer be discriminated against in New Jersey as far as the rights
and obligations of being in a committed relationship."
There are an estimated 20,000 same-sex couples living together in New Jersey.
In
its ruling, the state's highest court adopted an approach similar to
that taken by the Vermont Supreme Court in 1999, which ruled lawmakers
can reserve the term "marriage" for the union of one man and one woman,
but must grant all couples equal legal protections. Vermont lawmakers
responded by allowing same-sex couples to form "civil unions."
Connecticut
also allows same-sex couples to form civil unions. Only Massachusetts
allows same-sex couples to marry, under a 2003 ruling by that state's
highest court.
Today's
ruling exponentially increases the legal benefits available to same-sex
couples who formalize their unions. A 2004 law allowing same-sex
couples to form "domestic partnerships" gave them only a dozen of the
more than 800 rights available through marriage, albeit some of the
most important ones.
Among
the more important benefits same-sex couples will gain are full
inheritance rights and ability to share property and receive alimony
when a relationship ends.
Albin
mentioned dozens of others in his opinion, including the right to take
family leave to care for an ill partner, the privilege against being
forced to divulge marital secrets in a criminal case, the right to
change last names without court approval and to hold property as
spouses, ensuring its automatic transfer to the other partner when one
dies.
Albin
was joined by Justices Jaynee LaVecchia, John Wallace, Roberto
Rivera-Soto. Chief Justice Deborah Poritz concurred in part and
dissented in part, as did Justices James Zazzali and Virginia Long.
Former
Gov. James E. McGreevey, who resigned from office after announcing he
is gay, said he would like to enter into a civil union with his
partner, financier Mark O'Donnell, once his divorce is concluded.
"I
would obviously look forward to having our relationship recognized,"
McGreevey told The Star-Ledger. McGreevey resigned in 2004 after
announcing he was being blackmailed by a male lover whom he had put on
his staff.
He is negotiating divorce terms with his second wife, Dina Matos.
Click here to read today's ruling by the New Jersey Supreme Court.
Contributed by Robert Schwaneberg and Ian T. Shearn