home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Literature
García Lorca, Federico García Lorca, Federico
The works of García Lorca, internationally recognized as Spain's most prominent lyric poet and dramatist of the twentieth century, are filled with thinly veiled homosexual motifs and themes.
 
Musical Theater
There has always been homosexual involvement in American musical theatre and a homosexual sensibility even in straight musicals, and recently the Broadway musical has welcomed openly homosexual themes and situations.
 
Michelangelo Buonarroti Michelangelo Buonarroti
Best known for his genius in art and architecture, Michelangelo was also an accomplished author of homoerotic poetry.
 
African-American Literature: Gay Male African-American Literature: Gay Male
The African-American gay male literary tradition consists of a substantial body of texts and includes some of the most gifted writers of the twentieth century.
 
Camp Camp
Combining elements of incongruity, theatricality, and exaggeration, camp is a form of humor that helps homosexuals cope with a hostile environment.
 
Hughes, Langston Hughes, Langston
Langston Hughes, whose literary legacy is enormous and varied, was closeted, but homosexuality was an important influence on his literary imagination, and many of his poems may be read as gay texts.
 
Baldwin, James Arthur Baldwin, James Arthur
James Baldwin, a pioneering figure in twentieth-century literature, wrote sustained and articulate challenges to American racism and mandatory heterosexuality.
 
Wilde, Oscar Wilde, Oscar
Oscar Wilde is important both as an accomplished writer and as a symbolic figure who exemplified a way of being homosexual at a pivotal moment in the emergence of gay consciousness.
 
Topics In the News
 
New Jersey Judge Orders State to Allow Same-Sex Marriage
Posted by: Claude J. Summers on 09/27/13
Last updated on: 09/27/13
 
Bookmark and Share


Judge Jacobson.

On September 27, 2013, New Jersey Superior Court Judge Mary C. Jacobson ruled that the state must allow same-sex couples to marry. Relying on the U.S. Supreme Court ruling in Windsor that declared Section 3 of the Defense of Marriage Act unconstitutional, she said that New Jersey's ban on same-sex marriage violates the state's equal protection guarantees since it prevents same-sex couples from obtaining federal benefits. She ordered that her ruling take effect on October 21, 2013. However, the decision will be appealed by the administration of Governor Chris Christie.

Declaring that "The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New Jersey in a wide range of contexts," Judge Jacobson ruled that "Same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution."

The ruling grants a motion for summary judgment filed by Lambda Legal soon after the Windsor decision in a two-year-old marriage equality case in New Jersey that was brought on behalf of Garden State Equality and other plaintiffs.

In 2006, the New Jersey Supreme Court ruled in a case called Lewis v. Harris that the unequal legal treatment of same-sex couples in the state violated the New Jersey Constitution's equal protection guarantee and required the state legislature to either extend marriage rights to same-sex couples or create a separate but equivalent legal institution. The New Jersey Legislature chose to adopt the Civil Union Act, which provided same-sex couples "all the rights and benefits that married heterosexual couples enjoy."

In 2011, Lambda Legal filed a suit, Garden State Equality v. Dow, alleging that New Jersey's civil unions have not been effective in providing "all the rights and benefits that married heterosexual couples enjoy." That lawsuit mainly languished as the focus shifted to the legislative struggle for marriage equality in the state. However, the U.S. Supreme Court's ruling in June gave new life to Lambda Legal's argument.

The motion for summary judgment filed by Lambda Legal claimed that the Supreme Court's invalidation of DOMA has made starkly clear how unequal New Jersey's civil unions are in comparison to marriage. Same-sex couples can be equal to heterosexual couples only when both are able to marry. The invalidation of DOMA means that New Jersey's civil unions are an impediment to equality rather than a road to it.

As the Lambda Legal brief explained, "New Jersey's exclusion of same-sex couples from lawful marriage deprives [same-sex] couples . . . of numerous federal protections, benefits, and responsibilities. . . The resulting violation of Lewis' mandate that 'committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by married opposite-sex couples,' . . . is patent."

In her carefully considered and clearly articulated decision, Judge Jacobson agreed. She patiently rejected the state's arguments that the time was not "ripe," that Garden State Equality and the individual plaintiffs lacked standing, and that the problem was the federal government's refusal to recognize civil unions rather than the state's refusal to permit same-sex marriage. The state's action in creating civil unions, Judge Jacobson concluded, was responsible for not treating same-sex couples equally.

She said "the current inequality visited upon same-sex civil union couples offends the New Jersey Constitution, creates an incomplete set of rights that Lewis sought to prevent, and is not compatible with 'a reasonable conception of basic human dignity.'"

Judge Jacobson stipulated that her decision become effective on October 21 so that the state could prepare issuing marriage licenses or decide to appeal the decision. Soon after the ruling was announced, Governor Christie announced that he will appeal the decision to the Supreme Court. It is likely--but not certain--that Judge Jacobson's decision will be stayed pending a ruling by the New Jersey Supreme Court.

In 2012, New Jersey's legislature finally passed a marriage equality bill, but it was vetoed by Governor Christie, who is considered a leading candidate for the 2016 Republican presidential nomination.

Marriage equality supporters in the legislature have until January to override the Governor's veto and thus achieve same-sex marriage by legislative means if Judge Jacobson's ruling is delayed by appeals.

Hayley Gorenberg of Lambda Legal described the news of the court ruling thrilling: "We argued that limiting lesbians and gay men to civil union is unfair and unconstitutional, and now the Court has agreed.

The editorial board of New Jersey's Star-Ledger welcomed the decision. "The ruling will be appealed. But the logic of this decision is inescapable, so it is almost certain to survive," the editorial opined, and added, "It is remarkable that this official bigotry has lasted so long in New Jersey. We were one of the first states to extend limited legal rights to gay couples, but now we are trailing behind 13 states that allow gay marriage."

Below, thanks to Towleroad.com, is Judge Jacobson's decision.

Decision Summary Judgment

 
Related Encyclopedia Entries
 
browse:   arts   literature   social-sciences   discussion boards
 
learn more about glbtq       contact us       advertise on glbtq.com
 
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2014, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.