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Dueling Lawsuits Challenge Asbury Park Marriage Decisions
by 365Gay.com from the Web, March 16, 2004 Asbury Park, NJ -- Two lawsuits were filed Monday over the marriage licenses issued to same-sex couples in Asbury Park, one by city officials seeking a court ruling in support of same-sex vows and the other by a conservative group seeking a declaration that city officials had violated state law by issuing the licenses. The suits came less than a week after the town stopped issuing the licenses under threats from state officials. (story) One suit was filed by a law firm founded by the Rev. Pat Robertson. Vincent McCarthy of the Washington, D.C.-based American Center for Law and Justice said his organization felt it was important to file now because the city's decision to stop was voluntary. "If Asbury Park decides to change its mind and go ahead and start issuing these things again, it's a backstop,'' McCarthy said. It argues that marriage is legally recognized in New Jersey to be ``exclusively a union of one man and one woman'' and asks for a declaration from the court that Asbury Park officials ``acted in violation of New Jersey law and public policy.'' The other suit was filed by the city and asks the court to support its contention that to deny marriage licenses violates the New Jersey constitution's guarantee of equality . "The courts will make a decision at some point and before the city takes any further steps to issue any further licenses or perform any other wedding ceremonies, it will await the final resolution of these matters that are now pending before the court,'' said Frederick C. Raffetto acting for Asbury Park. The state is already being challenged in court by a suit brought by same sex couples, represented by Lambda. On Nov. 5, a Superior Court judge ruled that New Jersey's marriage statutes do not permit same-sex marriages. Nothing in the state constitution guarantees same-sex unions as a right and the appropriate forum to change marriage laws is the Legislature, the judge ruled. It is currently on appeal (story). New Jersey already has passed a domestic partner law which goes into effect July 10. (story) |
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