c. 2006 Religion News Service
Q: What did the New Jersey Supreme Court rule?
A: The majority said that while there is no “fundamental right to same sex-marriage” in New Jersey, it is unconstitutional to deny gay couples the same rights as married couples.
Q: Does that mean gays can marry?
A: No. The court ordered the Democrat-controlled state Legislature to come up with a law that makes sure gay couples have the same rights, benefits, burdens and obligations as married couples. It also is up to lawmakers to define whether this is called a marriage or a civil union. Three of the seven justices said the court should have called it marriage.
Q: What happens now?
A: Lawmakers have 180 days to provide the new rights, and they will decide if it’s called marriage. If not, they need to create laws for a civil union.
Q: Can lawmakers refuse to grant these rights?
A: They can negate the court decision by moving to change the state constitution _ something that requires the public’s approval. That, however, is unlikely; the leaders of both the Assembly and Senate have said they would block any attempt to do that.
Q: What was the court’s key reasoning?
A: The justices banked the decision on Article 1, Paragraph 1 of the state constitution: “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.” This clause has been interpreted to guarantee equal protection and privacy rights.
Q: Will this ruling be appealed to the U.S. Supreme Court?
A: No. The U.S. Supreme Court hears only federal questions, and none was raised by this case. In our federal system, the highest courts of the various states have the final word in interpreting their own constitutions.
Q: What new rights would gay couples get?
A: There are hundreds. These include taking family leave to care for an ill partner, getting survivor benefits, holding property as spouses do, and taking tax deductions for the medical expenses of a partner. One would presume both partners are parents when a child is born to one.
Q: When will they get these rights?
A: Not until lawmakers and Gov. Jon Corzine enact a law codifying them.
Q: How have lawmakers reacted in the past?
A: The “Domestic Partnership Act,” which provides some rights to gay couples, did not pass easily in the state Legislature. After undergoing some changes, it passed with the minimum 41 votes in the Assembly, then gained 23 of 40 votes in the state Senate.
Q: Is the New Jersey court the first to rule this way?
A: No. The ruling can be compared to what the Vermont Supreme Court did in 1999 when it ruled same-sex couples must be given equal rights, but left how to do it up to lawmakers. Lawmakers there responded by enacting civil unions.
Q: Where does this put New Jersey in the national picture?
A: Among the states whose courts or legislatures have mandated the highest level of rights for gay couples. only Massachusetts recognizes gay marriages; Vermont and Connecticut recognize civil unions that allow the same rights, but they don’t call it marriage.
(Matthew Reilly writes for The Star-Ledger in Newark, N.J.)
KRE/PH END REILLY
Editors: See mainbar, RNS-NJ-GAYMARRIAGE, and related sidebars, RNS-NJ-REAX and RNS-NJ-IMPACT, all transmitted Oct. 26.
