New Jersey gives gays same rights as married couples

[dancingme]

HELD: 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 samesex
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 samesex
couples, whether marriage or some other term, is a matter left to the democratic process.

http://atrios.blogspot.com/

[dancingme]

1. no fundamental right to same sex marriage

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....

To bring the State into compliance with Article I, Paragraph 1 so that plaintiffs can exercise their full constitutional rights, the Legislature must either amend the marriage statutes or enact an appropriate statutory structure within 180 days of the date of this decision.

[warrens]

23. I think that means no EXPLICIT right

It has never been mentioned, so therefore, there is no explicit, written right to gay marriage. However, to deny someone the advantages of heterosexual marriage is unconstitutional. So it's up to the gummint to decide if it wants to recognize same-sex or it wants to come up with some other term that allows the rights to be recognized. Such as insurance, etc.

The second choice is a lot harder to deal with. It's a lot of work to rewrite thousands of laws and regulations.

[donco6]

2. Too bad I don't live in NJ.

Never thought I'd say that.

[Marnieworld]

12. yah sure

I grew up near rolling hills and farms (it's called the Garden State for a reason), great public education, 1/2 hour from the Ocean and an 1 1/2 hour drive to NYC or Philly. It was such torture! :eyes:

[Justice Is Comin]

15. What exit did you live offa ?

:rofl:

[davepc]

21. It's a shame people think of Sopranoland

and don't know the absolute beauty that is western and southern New Jersey.

[HarukaTheTrophyWife]

24. South Jersey?

:thumbsdown:

:rofl:

[davepc]

34. Well I live in Menendez's home district, all of NJ to me is "southern" :)

:)

[HarukaTheTrophyWife]

35. I'm originally from Hudson.

My parents grew up with Menendez. My dad used to work with him when he was just a Union City politician.

[July]

33. I've been in NJ for seven years now.

And from my limited experience, I've concluded that:

(1) most people don't know much about New Jersey;

(2) much of NJ is lovely;

(3) the "Joisey" accent does exist, but it isn't the only way people talk here;

(4) NJ, like my hometown of Buffalo, gets a bad rap that is undeserved. There's bad and there's good, but I like it here much better than I did PA in the three different times I lived in the Philadelphia area -- and I had some good experiences there.

[donco6]

38. I humbly apologize for my snarky comment.

It was uncalled for. Congratulations to your state for having more sanity than anything west of the Mississippi.

[Marnieworld]

39. fuggedaboutit!

You're forgiven! :hug:

[saltpoint]

3. Lesbians and gay men living as equal citizens as everyone

else? It's about time.

Hurray for New Jersey.

[Jersey Devil]

4. link to the court decision

http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf

[Annces]

5. 3 cheers

great

[mconvente]

6. im proud of my home state today

Great job NJ!

Keep on winning Scarlet Knights!! (haha my shameless self plug for my university)

[JackBeck]

8. RU! Rah-Rah!

[Reverend_Smitty]

7. It's great to hear...

It makes me proud to live in such an "un-backwards" state

[BattyDem]

9. I'm so proud of my state!

Congrats to everyone who will FINALLY get the rights they deserve! :woohoo: :applause: :woohoo:

[Marnieworld]

10. Proud of my home state!

Yay Jersey! My favorite line from this is "no substantial relationship to a legitimate governmental purpose". Damn Straight! :woohoo:

[MrCoffee]

11. A substantial relationship...they gave this intermediate scrutiny???

very interesting...

[bunny planet]

13. I'm super proud to live in NJ today.

Great news.

[dancingme]

20. Jim McGreevey must be proud too

:-)

[HarukaTheTrophyWife]

26. He was an anti-gay marriage hypocrite. Oh and corrupt, too.

I'm glad NJ is rid of him.

[dancingme]

28. yes before he came out

he was against gay marraige. Now he says he's for gays having all the rights as straight people have.

[HarukaTheTrophyWife]

36. He's still a corrupt selfish slimeball.

I hope his book fails miserably and he crawls back under the rock from whence he came.

[bunny planet]

32. Whatever.

[LibertyLover]

14. I lived most of my life in New Jersey and

got so sick of hearing the "toxic wastedump" and "what exit off of the Turnpike do you live" jokes. This ruling is no joke however. I'm proud of the NJ Supreme Court. I wonder how long it will be before Robertson tells NJ that they have poked a finger in God's eye and will be punished or Dobson rants about activist courts? Not long I bet.

[Reverend_Smitty]

17. I'm going to watch The 700 Club tonight...

just so I know what plague to watch out for...

[Marnieworld]

18. See post # 15

[LibertyLover]

37. Exit? We don't need no stinkin' exit!

Actually I lived in northern Bergen County, beyond the beginning of the Turnpike. I guess you could say that I lived off Exit 1.:evilgrin:

[FrenchieCat]

16. Great Timing! So how will the GOP exploit this breakthrough decision....

a couple of weeks before the election, that's what I want to know. Is this going to switch the debate from Iraq to Gay Marriages.......AGAIN? Just asking?

[HarukaTheTrophyWife]

27. Today was the last day before a liberal judge HAD to retire.

Mandatority retirement at age 70.

[AIJ Alom]

19. I'm glad that here in NJ we've given people equal rights. A positive

direction in these negative times.

[undeterred]

22. Way cool! Now lets do it in Wisconsin!

:woohoo:

[LeftHander]

29. We have to vote to stop a amendment...

If it becomes part of the State Constitution it cannot be declared "unconstitutional".

It will require a federal challenge...

This is the language:

Section 13. Only a marriage between one man and one
woman shall be valid or recognized as a marriage in this state. A legal
status identical or substantially similar to that of marriage for unmarried
individuals shall not be valid or recognized in this state.

This marks the first time in the nation's oldest state constitution that rights will be activly taken from citizens.

Rather than granting them.

This was drafted by right wing crazies for right wing crazies more than two years ago. It took two years to get through the crooked republican assembly and senate.

It passed by ONE VOTE sending it to the state wide ballot for public approval.

Once in it will be immediatly challenged at the federal level by ironically enough...non-same sex couples under equal protection...

This amedment will effect many others beyond same sex couples seeking marriage rights.

It will effect co-habitating senior, common law partnerships...it will effect dozens of laws on the books centered on domestic violence.

[undeterred]

31. yeah, we have to stop things from moving backwards

just to stand still...

We need a new state assembly and senate.

[Blue_In_AK]

25. Alaska's Supreme Court made this same ruling last year...

It's good to see the courts waking up on this issue.

[hyde]

30. i just wait for the day that the rest of the country catches up with the northeast.

congrats new jersey! if only we gays were lucky enough to enjoy equality down here in texas.