Following is a news article I found this morning regarding the arguments before the New Jersey Supreme Court on why same-sex marriage should or should not be legalized in that state. Emphasis and comments are my own.
(Trenton, New Jersey) The New Jersey Supreme Court heard arguments Wednesday morning in a lawsuit challenging the state's ban on same-sex marriage.
The justices peppered attorneys on both sides of the argument about the legal implications of opening up gay marriage, and whether the court or the legislature was the best venue to decide the issue.
Lambda Legal Attorney David Buckel told the court that barring gay and lesbian couples from marrying violates the state constitution and "creates second class citizens".
Assistant Attorney General Patrick DeAlmeida told the justices that the legislature should be allowed to decide who can marry. DeAlmeida said New Jersey already grants same-sex couples most of the rights of marriage through its domestic partner law.
He also told the court that the state's ban on gay marriage is based on the "historical tradition" that marriage is between a man and a woman.
"But there are other historical facts," interjected Justice Deborah Poritz.
"For a long time women were property in the marriage relationship. For a long time women could not make the claim of rape against the husband. There have been lots of ways in which the traditional ways of marriage, and the relationship in marriage, have changed. So why should we just simply defer to 'it's historical.'?" Indeed, this has been one of the biggest arguments all along. Sort of a "don't kick a sleeping dog" mentality. How can we justify "It's always been that way" as a reason to discriminate?
Arguments lasted just over an hour.
"The families we serve have finally had their day in the state's highest court, and if we win these families will be stronger for it," Buckel told reporters outside the court.
"New Jersey is a unique state and more than ready to fulfill the New Jersey Constitution's promise of equality and liberty for the over 16,000 same-sex couples who live here."
The lawsuit began in 2002 when seven same-sex couples represented by Lambda filed a lawsuit seeking the right to marry.
In June, a New Jersey appeals court ruled that the state constitution does not require the recognition of same-sex marriage. The court, in a split decision, said that it is up to the legislature to change marriage laws if same-sex couples are to wed in the Garden State.
Lambda immediately appealed to the state Supreme Court.
About 40 gay rights activists from groups such as Garden State Equality and the National Organization for Women waved black and orange signs reading "Marriage Equality'' and chanted slogans including, "Two, four, six, eight, we're the state that doesn't hate.''
"We've been waiting 34 years to get married," said Chris Lodewyks and Craig Hutchison, plaintiffs in the case. "All these years we've been through so many of life's joys and sorrows together - it really is long past time that we should be able to marry."
Lodewyks and Hutchison and the other couples involved in the case were all in court Wednesday to hear the arguments.
Not far from where gay activists were rallying protestors from conservative groups held their own demonstration. They gathered to pray and sing hymns and "God Bless America.''
John Tomicki, chairman of the New Jersey Coalition to Rescue and Protect Marriage, said marriage is sacred and should be restricted to heterosexual couples.
"That's where our culture and history has been for thousands of years,'' Tomicki said.
Generally it takes several weeks or even months for the court to deliver its opinions after the arguments are heard.
Thursday, February 16, 2006
Tuesday, February 14, 2006
If Ever There Was a Time...
...to barrage your lawmakers with communications regarding anti-gay laws, now is the time.
(Washington) Senate Majority Leader Bill Frist (R-Tenn.) has announced that he will bring the so-called “Marriage Protection Amendment” to a full vote in the Senate on June 5.
The timing will make it a key issue as Congress gears up for November's mid term elections.
“Today, the institution of marriage is under attack," Frist told the Conservative Political Action Committee Conference in Washington on Friday. Details of the conference became public on Monday for the first time.
"When America's values are under attack, we need to act," Frist said. "And on June 5 — and everybody note that on your calendar — when I bring the Marriage Protection Amendment to the Senate floor, we will act.”
Other speakers at the event were noted anti-gay leaders Phyllis Schlafly; Sen. Rick Santorum (R-Pa); Sen. Sam Brownback (R-Kan); and Alan Chambers, head of the “ex-gay” group Exodus International.
The proposed amendment is almost identical to one which failed to get enough votes in 2004. (story) It was reintroduced in January. (story) A House version was reintroduced in March.
“Not one marriage is protected by this amendment and all marriages are devalued when used as a political ploy,” said Human Rights Campaign President Joe Solmonese.
“Writing one group of people out of the protections of the Constitution is politics at its worst.”
Not only would the amendment ban marriage for same-sex couples, it also could threaten domestic partnerships and civil unions.
“Americans want fairness for gay couples and this amendment could wipe out any option for providing critical responsibilities and protections to families,” said Solmonese. “Our nation’s founding document should be amended to expand rights and liberties, not take them away.”
To become part of the U.S. Constitution, an amendment must be approved by two-thirds of both the House and Senate and ratified by three-fourths of the states.
Federal law already bans recognition of same-sex unions. The federal Defense of Marriage Act was signed into law by President Bill Clinton.
Frist said that the law is not enough, adding that the amendment would block "the whims of a few activist judges" from overriding "the common sense of the American people."
(Washington) Senate Majority Leader Bill Frist (R-Tenn.) has announced that he will bring the so-called “Marriage Protection Amendment” to a full vote in the Senate on June 5.
The timing will make it a key issue as Congress gears up for November's mid term elections.
“Today, the institution of marriage is under attack," Frist told the Conservative Political Action Committee Conference in Washington on Friday. Details of the conference became public on Monday for the first time.
"When America's values are under attack, we need to act," Frist said. "And on June 5 — and everybody note that on your calendar — when I bring the Marriage Protection Amendment to the Senate floor, we will act.”
Other speakers at the event were noted anti-gay leaders Phyllis Schlafly; Sen. Rick Santorum (R-Pa); Sen. Sam Brownback (R-Kan); and Alan Chambers, head of the “ex-gay” group Exodus International.
The proposed amendment is almost identical to one which failed to get enough votes in 2004. (story) It was reintroduced in January. (story) A House version was reintroduced in March.
“Not one marriage is protected by this amendment and all marriages are devalued when used as a political ploy,” said Human Rights Campaign President Joe Solmonese.
“Writing one group of people out of the protections of the Constitution is politics at its worst.”
Not only would the amendment ban marriage for same-sex couples, it also could threaten domestic partnerships and civil unions.
“Americans want fairness for gay couples and this amendment could wipe out any option for providing critical responsibilities and protections to families,” said Solmonese. “Our nation’s founding document should be amended to expand rights and liberties, not take them away.”
To become part of the U.S. Constitution, an amendment must be approved by two-thirds of both the House and Senate and ratified by three-fourths of the states.
Federal law already bans recognition of same-sex unions. The federal Defense of Marriage Act was signed into law by President Bill Clinton.
Frist said that the law is not enough, adding that the amendment would block "the whims of a few activist judges" from overriding "the common sense of the American people."
Monday, February 13, 2006
C-E-L-E-B-R-A-T-E
How did it happen so quickly, that half the states now have legislation against our civil rights? At first, it was only one or two, then eleven, now HALF?
Celebrate marriage this week!
(New York City) In cities, towns and villages across the country this week same-sex couples will be making the point that equal rights means marriage rights.
Specific laws or constitutional amendments specifically outlaw same-sex marriage in about half the states. Others are considering similar measures.
Only in Massachusetts is gay marriage legal. Court challenges to marriage restrictions are underway. A decision could come any day from the Supreme Court in the state of Washington.
This week the issue will be argued at the Supreme Court of New Jersey. Similar cases are proceeding to the high courts in New York and California.
But throughout the country gays and lesbians realize that marriage equality depends on winning the hearts and minds of Americans.
In Chicago, same-sex couples got a head start on Freedom to Marry Week with a Saturday march through the downtown area. The march started off at Daley Plaza, winding up on the steps Holy Name Cathedral where a mock wedding was performed.
In California, hundreds of advocates of marriage equality will go to county clerks’ offices throughout California on Valentine’s Day to seek marriage licenses.
Valentine's Day marks the second anniversary of the same-sex marriages that took place in San Francisco. Those marriages were late invalidated by the courts and the issue of gay marriage is expected to be heard by the state Supreme Court sometime next year.
“Marriage discrimination affects hundreds of thousands of people in California,” said Molly McKay, Equality California Field Director.
“Our actions on Tuesday will help all Californians understand that same-sex couples simply seek the same relationship rights and responsibilities of other families. On Valentine’s Day, couples of all kinds celebrating their love and commitment to one another, but same-sex couples are denied access to basic protections that married couples enjoy. We want to put a human face on that reality.”
California is home to the largest number of same-sex couples in the nation, according to the U.S. Census Bureau.
In New York, same-sex couples and their supporters will demonstrate Tuesday at City Hall.
Last week legal arguments were filed with New York State's highest court, the Court of Appeal, with Lambda Legal arguing that limiting marriage to opposite-sex couples is unconstitutional. The court is expected to hear oral arguments in the case later this year.
But demonstrations and events are not limited just to big cities with large gay communities.
In the Lehigh Valley of Pennsylvania a small group of protesters marched to the Lehigh County Courthouse to apply for marriage licenses.
"We're not here to demand any kind of special rights, we're here to demand equal rights," said Elizabeth Goudy, who with her partner were turned down.
While the fight for marriage equality goes on state by state Congress is once again taking up a proposed amendment to the Constitution to bar gay and lesbian couples from marrying.
Attempts by Republicans in Congress to pass the proposed amendment that defines marriage as a union between a man and a woman failed last year.
The measure was reintroduced in January. A House version was reintroduced in March.
Celebrate marriage this week!
(New York City) In cities, towns and villages across the country this week same-sex couples will be making the point that equal rights means marriage rights.
Specific laws or constitutional amendments specifically outlaw same-sex marriage in about half the states. Others are considering similar measures.
Only in Massachusetts is gay marriage legal. Court challenges to marriage restrictions are underway. A decision could come any day from the Supreme Court in the state of Washington.
This week the issue will be argued at the Supreme Court of New Jersey. Similar cases are proceeding to the high courts in New York and California.
But throughout the country gays and lesbians realize that marriage equality depends on winning the hearts and minds of Americans.
In Chicago, same-sex couples got a head start on Freedom to Marry Week with a Saturday march through the downtown area. The march started off at Daley Plaza, winding up on the steps Holy Name Cathedral where a mock wedding was performed.
In California, hundreds of advocates of marriage equality will go to county clerks’ offices throughout California on Valentine’s Day to seek marriage licenses.
Valentine's Day marks the second anniversary of the same-sex marriages that took place in San Francisco. Those marriages were late invalidated by the courts and the issue of gay marriage is expected to be heard by the state Supreme Court sometime next year.
“Marriage discrimination affects hundreds of thousands of people in California,” said Molly McKay, Equality California Field Director.
“Our actions on Tuesday will help all Californians understand that same-sex couples simply seek the same relationship rights and responsibilities of other families. On Valentine’s Day, couples of all kinds celebrating their love and commitment to one another, but same-sex couples are denied access to basic protections that married couples enjoy. We want to put a human face on that reality.”
California is home to the largest number of same-sex couples in the nation, according to the U.S. Census Bureau.
In New York, same-sex couples and their supporters will demonstrate Tuesday at City Hall.
Last week legal arguments were filed with New York State's highest court, the Court of Appeal, with Lambda Legal arguing that limiting marriage to opposite-sex couples is unconstitutional. The court is expected to hear oral arguments in the case later this year.
But demonstrations and events are not limited just to big cities with large gay communities.
In the Lehigh Valley of Pennsylvania a small group of protesters marched to the Lehigh County Courthouse to apply for marriage licenses.
"We're not here to demand any kind of special rights, we're here to demand equal rights," said Elizabeth Goudy, who with her partner were turned down.
While the fight for marriage equality goes on state by state Congress is once again taking up a proposed amendment to the Constitution to bar gay and lesbian couples from marrying.
Attempts by Republicans in Congress to pass the proposed amendment that defines marriage as a union between a man and a woman failed last year.
The measure was reintroduced in January. A House version was reintroduced in March.
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