Same-sex marriage advocates aim
for Jersey's top court
Want earlier ruling on suit to be overturned
By Ken Thorbourne, Jersey Journal from the Web, September 23, 2004
Jersey City, NJ, Sept.22 -- The gay rights group seeking to make same-sex marriages legal in New Jersey will ask the state Supreme Court to consider the issue.
Lambda Legal officials said yesterday they would file papers that seek a ruling from the state's highest court on a lawsuit brought on behalf of seven same-sex couples, including one from Hudson County.
A state Superior Court judge ruled last year against legalizing gay marriage.
The move is an attempt to skip hearings at the appeals court level, since both New York City-based Lambda Legal and state Attorney General Peter C. Harvey have said they plan to argue the case all the way to the Supreme Court.
Harvey is representing the state and Gov. James E. McGreevey on this issue.
McGreevey, who last month said he is gay and will resign Nov. 15, spearheaded passage of domestic partnership legislation in New Jersey earlier this year, but has stated that he is against legalizing same-sex marriage.
Harvey supports the motion to have the Supreme Court handle the case.
"The equal protection challenge to New Jersey marriage statutes will ultimately be decided by the Supreme Court," Harvey said through a spokesman.
"We believe that an earlier resolution to this matter is in the best interest of the public.
We continue to believe that our state's Legislature should define marriage."
Union City resident Mark Lewis, who along with his partner Dennis Winslow are among the plaintiffs in the Lambda suit, said he has faith the Supreme Court will hear the case and rule in favor of same-sex marriage.
"I'm just glad it's moving and we are going to get to hear all the arguments and get things moving," said Lewis, an Episcopal pastor of the Church of Our Saviour in Secaucus.
Winslow is an Episcopal minister at St. Peter's Church in New York.
"I have incredible confidence in the New Jersey Supreme Court," Lewis said.
"I believe they are bright and intelligent and understand what justice is."
Asked what he made of McGreevey's opposition to gay marriage, Lewis said the governor is more to be "pitied than censured."
"That is a pure illustration of the tragedy of the closet," Lewis said. "Having to pretend to be something you're not causes people to do all kinds of undignified and unkind things."
The appeal papers filed by Lambda include comments on New Jersey's new domestic partnership law, which took effect this summer.
That law grants some legal rights to same-sex partners, such as the ability to make medical decisions for each other.
"The domestic partnership law is an important start, but it falls far short of marriage," said David Buckel, director of Lambda's Marriage Project.
"Lesbian and gay couples in New Jersey won't have equal protections and security until they can get married, and that's what we're seeking."
Buckel said chances are good the Supreme Court will accept the case, citing similar cases in Oregon and Washington.
In May, the Massachusetts Supreme Court declared same-sex marriage legal and, "contrary to many predictions, the sky has not fallen," said Buckel.
"Families in Massachusetts are a lot stronger now because they have a lot stronger protections," he said.
The Associated Press contributed to this report.
Ken Thorbourne can be reached at kthorbou@jjournal.com
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