Same-sex marriage in New Jersey
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The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.<ref>http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf</ref>
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[edit] Background
New Jersey is considered one of the most liberal states in the country. It decriminalized consensual sex by gay and lesbian couples in 1979, and its hate crimes laws include sexual orientation as a protected class. In 1991, the State Legislature amended the New Jersey Law Against Discrimination to add "affectional or sexual orientation" as one of the bases on which discrimination is prohibited, joining race, religion, sex and other attributes. The statute prohibits discrimination in employment, housing, credit, and public accommodations.
The plaintiffs in Lewis v. Harris argued their cause based on the New Jersey Constitution only, effectively preventing any appeal to the U.S. Supreme Court. Their argument rests on the state's denial of access to marriage which violates "...the deeply personal privacy interests protected vigorously for all New Jerseyans by the New Jersey Constitution of 1947." By closing the gate to marriage for same-sex couples, also violated is "The right to equal protection of the laws under the State Constitution...[which] prohibits the [current] discriminatory marriage scheme..."
The terms "husband," "wife," "spouse" "marriage," "marry," and similar terms appear in 850 provisions in New Jersey's statutes.[citation needed]
The New Jersey Supreme Court is known for its rulings in favor of equal rights for gay persons, including one that ruled that the Boy Scouts could not bar gay troop leaders under the state's Law Against Discrimination. That decision was overturned by a 5-4 decision by the United States Supreme Court in 2000, which ruled that forcing the Boy Scouts to accept gays would violate its constitutional rights of freedom of association and free speech under the First Amendment. The Court noted "we are not, as we must not be, guided by our views of whether the Boy Scouts' teaching with respect to homosexual conduct are right or wrong."<ref>http://archives.cnn.com/2000/LAW/06/28/scotus.gay.boyscouts/ CNN</ref>
[edit] History and timeline
- June 26, 2002: Marcye and Karen Nicholson-McFadden, along with four other lesbian couples, and two gay couples from seven different New Jersey counties file a lawsuit against the State after they were all refused marriage licenses. The case became Lewis v. Harris.
- June 27, 2003: Oral arguments are heard before a Superior Court judge on the legality of barring same-sex marriage.
- November 5, 2003: Mercer County Superior Court Judge Linda R. Feinberg rules against the same-sex couples, ruling that the right to marry applied only to traditionally defined marriage. SF Gate
- June 14, 2005: A New Jersey Appellate court rules 2-1 that if same-sex couples are allowed to marry, only the Legislature can enact such a law, and even so, they're not required to by the New Jersey Constitution. "However, absent legislative action, there is no basis for construing the New Jersey Constitution to compel the State to authorize marriages between members of the same sex," Appellate Judge Stephen Skillman wrote for the majority. In a dissent, a judge wrote that if marriage is defined strictly as between opposite sexes, then couples are denied the right to marry the person of their choice, and so have no real right to marry. By prohibiting them from a real right to marry, plaintiffs as well as their children suffer the real consequences of being 'different.' While the Domestic Partnership Act gives, at some cost, many, but not all, of the benefits and protections automatically granted to married persons, we have learned after much pain that 'separate but equal' does not substitute for equal rights." Boston Globe
- February 15, 2006: The Supreme Court for the State of New Jersey hears oral arguments in Lewis v. Harris.
- October 25, 2006: The Supreme Court of New Jersey gives New Jersey Legislature until April 24, 2007 to rewrite marriage laws that will either create civil unions or include same-sex couples.
[edit] Opinion polls
- The latest poll was conducted in June 2006, which showed the majority of New Jerseyans feel same-sex marriage should be legal in the state. 49% favored same-sex marriage, while 44% were opposed. Nearly 2/3 of respondents, 66%, said they would agree with a law legalizing civil unions, while 29% were opposed. Poll Results
- A Zogby International Poll, conducted in February 2006, finds 56% of the State support a change in the marriage law that would allows same-sex couples the right to marry. 39% would oppose the change. By a 67%-28% margin, New Jersey voters say they oppose the idea of a constitutional amendment to ban gay marriage, and want the legislature to accept the decision of the Supreme Court. By a 77%-20% margin, New Jersey voters also say the legislature has better priorities than to try to amend the constitution to bar gay marriage.
- A Zogby International poll, conducted in April 2005, found 54.5% of New Jerseyans favored same-sex marriage. 40.1% disagreed, with 5.4% not yet having an opinion. When asked if those who were legally married outside of the State, 57.5% felt the marriages should be recognized, 37.2% thought the State shouldn't recognize them, and 5.3% weren't sure. Many Back Same-Sex Marriage In New Jersey
- In September 2003, a Rutgers-Eagleton poll found 50% were opposed to same-sex marriage, while 43% were in favor. Poll Results
- In July 2003, a Zogby International poll discovered 55% of residents in the Garden State favored same-sex marriage. 41% were opposed.
[edit] References
[edit] See also
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Marriage Under Fire
- Freedom to Marry Coalition
- History of civil marriage in the U.S.
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