The New Jersey marriage
decision is handed down:
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. The Court holds 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.
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.
Looks like a Vermont solution! We'll soon see how this plays out
in the political process.
More.
Time magazine asks, Will
the Gay Marriage Ruling Rally the Base?
Rick Sincere blogs from Virginia, a state facing a fierce ballot
initiative over a state amendment to ban same-sex marriage, civil
unions, and even contractual same-sex partnerships. Wanting to make
sure that the anti-gays don't spin the decision to their advantage,
he weighs in with
New Jersey Court Rejects Same-Sex Marriage Rights.
Those with the luxury of living in true-blue states where such
amendments aren't conceivable may have wished that the N.J. court
had, like in Massachusetts, mandated full marriage equality
delivered on a platter the legislature be damned now. But the rest
of us would have paid dearly for such a fiat.
Prior posting:
The liberal-learning New Jersey supreme court announced
that on Wednesday at 3:00 pm eastern time it will hand down its
decision on the question: Does the New Jersey Constitution require
the State to allow same-sex couples to marry?
Sadly, if the ruling finds that the state constitution grants
gays full marriage equality, we can say goodbye to any slim chance
of winning anti-gay-marriage referendums in Virginia and Wisconsin.
If the court rules that same-sex couples are entitled to the
rights, benefits and obligations that the state grants/expects of
married couples, but allows for these to be accomplished through
civil unions, the immediate political repercussions could,
arguably, be less severe. And if the court finds no right to
spousal equality, it could bolster the argument that we don't need
to keep amending state constitutions to defend against so-called
"activist judges."
But why, oh why, couldn't the New Jersey court just wait till
after the election to hand down its ruling?
Worth noting. Glenn Reynolds, the Instapundit,
on Democratic politicos' quite obvious nonsupport of gay
marriage.
The political process is where the battle for marriage
equality should be fought, not the courts. Through the
political process, the public could be educated, and hearts (and
minds) changed. But one party is actively hostile, and the other is
missing in action.