N.J. High Court
Justices Grill Lawyers
On Gay Marriage
by Doug Windsor,
365Gay.com from the Web. February 15, 2006
Trenton, NJ -- 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.'?"
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.
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