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 Topic: New Jersey State Supreme Court Ruling

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Joined: 05 Mar 2003
Posts: 26
Interests: glbtq culture
Physical Location: New Orleans

Posted: 26 Oct 2006, 8:02 am    Post subject: New Jersey State Supreme Court Ruling Reply with quote

The New Jersey Supreme Court ruling issued yesterday, though it did not mandate same-sex marriage, is a significant victory in the battle for equal treatment of gay and lesbian couples.

A unanimous court ruled that "our State Constitution guarantees that every statutory right and benefit conferred to heterosexual couples through civil marriage must be made available to committed same-sex couples."

The court, however, left it to the state legislature whether the ruling be implemented by amending the marriage law in order to permit same-sex couples to wed or by creating a Vermont-like parallel system of civil unions. Three of the court's seven members dissented on the remedy, arguing that the court should simply allow same-sex couples to marry, and pointing out the symbolic value of the term marriage.

New Jersey is one of a few states where the majority of the population seems to be in favor of same-sex marriage, so it may be that the state legislature will amend the marriage laws to permit same-sex marriage.

In any case, it is refreshing to see a court take seriously the notion that equality under the law actually means what it says.
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