Go down the Jersey shore to Atlantic City and try making a bet that New Jersey will legalize same-sex marriage in 2009. You may have trouble finding any takers. With a majority of New Jerseyers (Jerseyites? Jerseyians?) in support of gay marriage, a report last month from a state-appointed commission on civil unions saying that civil unions are not equal to marriage and the Governor saying he’ll sign a bill in support of gay marriage if it comes to his desk, there’s a very good chance we’ll be hearing gay wedding bells chime in the Garden State by year’s end.
Here’s how it happened:
January 12, 2004
The New Jersey legislature enacts The Domestic Partnership Act, which provides some, but not all, of the tangible benefits of marriage.
October 25, 2006
In Lewis vs. Harris, the Supreme Court of New Jersey finds that gay and lesbian couples are as equally protected as straight couples, with the court unable to find any public interest in denying equal protection to LGBT couples.
During the proceedings Chief Justice Deborah T. Poritz says to the defense:
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“You say it over and over again, it is a historical fact, as Justice Long has pointed out, that marriage has been defined as between a man and a woman, but there are other historical facts that for a long time, women were property in the marriage relationship. For a long time, euhm(?), women could not make a claim of rape against a husband. There’ve been lots of ways in which the traditional idea of marriage and the relationship of marriage has changed, so why would we just simply defer. It’s historical. It’s over.”
In their summation, the justices write:
“In light of plaintiffs’ strong interest in rights and benefits comparable to those of married couples, the State has failed to show a public need for disparate treatment. We conclude that denying to committed same-sex couples the financial and social benefits and privileges given to their 57 married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose.”
The Court orders the New Jersey legislature to either amend current marriage laws or create civil unions.
December 14, 2006
New Jersey passes The Civil Unions Act, which gives all the rights conferred by marriage under New Jersey state law. Problems quickly become apparent, as some employers refuse to acknowledge the new partnerships and legal scholars argue that the law does not fulfill the Court’s mandate from the Lewis v. Harris case.
December 10, 2008
Within the Civil Unions Act was a provision requiring that civil unions in New Jersey be analyzed to see if they are effectively responding to the Court’s decision. The latest commission unanimously concludes that civil unions aren’t working and that the state must address the problem. As the Star-Ledger reported at the time:
“The final report of the New Jersey Civil Union Review Commission says it gathered “overwhelming evidence” the civil union law not only fails to provide the same protections as marriage, it also has created economic, medical and emotional hardships for gay couples.
The commission concluded denying same-sex couples the right to marry is as unjust as government imposing racial segregation laws against African-Americans. “
The commission unanimously recommends that the state legislature make all marriage laws gender neutral. Governor Corzine indicate he would sign the bill.
But the question remains if the legislature, whose members are up for election this year, will have the political courage to take up the issue. Caren Chesler writes in yesterday’s New York Times:
“Opponents of gay marriage have pledged to make it an issue in the 2009 election. Len Deo, president of the New Jersey Family Policy Council, said his organization believed that some New Jerseyans might support same-sex marriage but that a majority do not want to see marriage redefined in the process.
Some veteran political strategists say lawmakers are reluctant to have voters think they have taken their eyes off the state’s grave fiscal situation. With residents losing jobs and facing foreclosure and the prospect of higher property taxes, they do not want to appear sidetracked.
“There could be a backlash,” said Harold Hodes, a Democratic strategist. “There are other issues that are more pressing at this time.”
With the most recent polls showing 50 percent of New Jersey in support of equal marriage, and a clear call-to-action, politicians in Trenton may be the first to lose seats because they didn’t support marriage equality.
Michael vdB
You mean to tell me a government can’t multi task? Sure, be forthcoming on the economy, but don’t use that as an excuse. Didn’t a former presidential candidate lose points on not being able to handle more then one situation?
Qjersey
“Wait til after the 2008 elections, we don’t want to rile the haters”
now it’s “Wait til after the 2009 elections”
ARRGH
boarderthom
Marriage is basically a hugh legal contract. An interesting take on this is…
Compare and contrast: Gay rights and slave rights; the contrasts are easy, the comparisons are profound. Slaves were not allowed to marry either, because they were not allowed to make contracts.
Chris
it’s “Jerseyans” born and raised, exit 7 — Princeton/Trenton
Chris
I hate to say it — but realistically I think we need to get past the 09 elections, and the economy needs to on the right road, in NJ before this goes through to make it less of a flash point and give more cover/courage to our friends in NY, NH, VT, etc. When it comes it needs to stick, without a lot of backlash, and be an example for other states.
The Gay Numbers
@Chris: Do you know anything about the actual state in question? Do you also not know how to read what actual New Jersey residents think on the issue? J
seitan-on-a-stick
Thanks for showing a pic of two loving men getting married. Can never get enough of just good old fashioned GAY LOVE! It reinforces so much more than anything else you posted recently. Thanks!
BTW – Atlantic City could totally use Gay receptions to save their city!
Charles J. Mueller
@Chris:
Apparently, Chris believes that this has something to do with something.
As an ex-New Jersey resident, I need to ask you where you get off speaking on behalf of New Jersey residents?
Do you live in New Jersey?
Do you know any people from New Jersey?
Have you spoken to any people in New Jersey?
And lastly, why should the people who live in NJ give a hoot what you “think”?
When did you become the “Don” of New Jersey?
Chris
@The Gay Numbers:
Yes. I grew up there and follow the politics. NJ is liberal but everyone is freaked about the banking crisis in NNJ especially and with the whole leigslature and Corzine, who isn’t extremely popular, up for election this year, they should wait.
The Gay Numbers
I don’t think gay marriage will affect what’s happening on the economic front one way or the other. I live in NYC, but have a lot of friends who grew up in Jersey. Some of them fairly moderate. If this does not phase them. I don’t think it will phase a lot of people given the polling data.
Chris
@Charles J. Mueller:
Wow…it’s just an opinion. Get a grip.
Charles J. Mueller
@Japhy:
From Wikipedia:
Official language(s) English
Demonym New Jerseyan or New Jerseyite
or simply “Jerseyite”[2]
@Chris:
Yep yep. That’s exactly what those who voted Yes on Prop. 8 would have us believe…an opinion that they got from the Bible.
It is ‘opinions”, sans fact or proof, is what has caused and continues to cause all the grief in the world.
Islam teaches the opinion that all non-believers are infidels and should be killed.
And in closing, I will default the classic response:
“Opinions are like assholes. Everyone has one.”
paul
Legislators need to be reminded that 50% of the electorate just doesn’t give a shit about same sex marriage becuase they are secure in themselves or have determined that this is a non issue.
As for all the ass wipes here and elsewhere who keep saying….let’s just wait another year….PLEASE go home to mama and leave the real world to the adults.
Ryan
I come from Massachusetts and let me tell you all this. There’s been a lot of people who have lost their seats because they were anti-equality and were targeted by MassEquality and others. NO ONE has lost their seat because they were pro-equality, not even when this was a ‘contentious’ issue. The Phelps brigade who vote based on hatred are only a tiny sliver of the electorate and they’re NEVER GOING TO VOTE FOR Democrats anyway. They probably won’t vote for the socially moderate Republicans either. They actually probably won’t vote period. It’s time politicians stop being scared of them over the marriage issue. Waiting just another year has become such a tired, lame-ass excuse. Enough is enough.
Steve
Equal rights for gay couples, including marriage rights, can be PART OF an economic recovery plan.
The wedding-and-reception industry consists of various suppliers and services, such as dressmakers, florists, bakers, caterers, and planners. Those people all are suffering economically this year as young couples plan smaller, simpler events. Fewer wedding guests, fewer brides maids, fewer flowers, smaller cakes, and simpler menus all contribute the the implosion of revenue for this industry.
Allowing gay couples to marry would generate additional revenue for this hard-hit industry.
WeTheSheeple
How hard is it to multitask? Vote “yes” for gay marriage, now what’s next? See, that only took 5 seconds!