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NJ
Supreme Court
Told Gay
Marriage Ban Dehumanizing
by
365Gay.com from the Web, October 22, 2005
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Trenton, NJ, Oct 21 -- In
written arguments Friday to the New Jersey Supreme Court lawyers for same-sex
couples fighting the state's ban on same-sex marriage argue that the denial of
marriage equality is unconstitutional.
"Plaintiffs cannot enjoy dignity, security and first-class status as citizens
when the government denies them access to one of society's most esteemed
institutions, marriage, with the person each loves," the brief, submitted by
Lambda Legal says.
Seven same-sex couples filed suit in 2002 for 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.
Even if the high court strikes down the ban on same-sex marriage there will be
no wedding for one of the couples. Marilyn Maneely died last month without
ever realizing her lifelong dream of being able to legally marry her partner
Diane Marini.
Other couples involved in the case have welcomed new children into their
families.
"With these life-changing events come difficult and painful challenges our
clients shouldn't have to face but do because they are not allowed to marry,"
said David Buckel Marriage Project Director at Lambda Legal and lead attorney on
the case.
The lawsuit is based solely on the New Jersey Constitution, which means the New
Jersey Supreme Court will have the last word on the case.
"This is what we've long been awaiting -- our chance to make our case before the
state's highest court," said Buckel.
A heavily promoted rally earlier this month to pressure New Jersey lawmakers
into passing a constitutional amendment banning same-sex marriage drew fewer
than 200 people.
Organized by two political action groups -- the New Jersey Faith Alliance and
the New Jersey Coalition to Preserve & Protect Marriage -- the demonstration was
held in front of the legislature.
Despite weeks of promotion the small turnout is seen as an indication that most
people in the state have little interest in the issue. Even the two
candidates for governor of New Jersey have stated they would oppose a
constitutional ban on same-sex marriage, although neither will go so far as to
endorse gay marriage.
The most recent poll, taken in May, shows that if a proposed amendment made it
to the ballot voters would turn it down.
A brief supporting the Lambda appeal has been filed by over 150 members of the
clergy. Other supporting briefs have been filed such diverse groups as the
American Psychological Association, the Human Rights Campaign, Professors of the
History of Marriage, New Jersey family law attorneys, the National Association
of Social Workers and the New Jersey Chapter of the National Association of
Social Workers, the American-Arab Anti-Discrimination Committee, Asian American
Legal Defense and Education Fund, the Hispanic Bar Association of New Jersey,
and the National Organization for Women of New Jersey.
The Supreme Court is still waiting for a brief opposing same-sex marriage from
the state. The court has given no indication when it will hear oral
arguments in the case.
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