A Ruling for Equality
in New Jersey
EDITORIAL, NYTimes on
the Web, October 26, 2006
The New Jersey Supreme Court brought
the United States a little closer to the ideal of equality yesterday when it
ruled that the state’s Constitution requires that committed same-sex couples be
accorded the same rights as married heterosexual couples. It stopped
short, however, of ruling that same-sex couples have a right to “marry,” leaving
the question of what to call same-sex unions up to the State Legislature.
That omission will disappoint some gay-rights advocates, but there is no reason
for lawmakers not to apply the term marriage to these committed relationships,
and they should do so swiftly. Meanwhile, the court decision is an
important step forward.
New Jersey already has a civil-unions law, but it gives same-sex couples fewer
rights than married couples. Same-sex couples are penalized financially,
in areas like employer-provided health benefits and inheritance taxes.
They are also disadvantaged socially and in practical, day-to-day ways.
One of the plaintiffs in the case had trouble getting her partner into a
hospital emergency room with her when she was sick.
The court required the Legislature to level the playing field in every respect
but one. It said lawmakers can call relationships between partners of the
same sex marriage, or something else. This page supports gay marriage, but
we also know it will not be recognized instantly. New Jersey’s delay is
unfortunate, but at least it makes it hard for anti-gay forces in the state to
mobilize against the decision. The court ruling secures important rights,
and paves the way for the full equality that will no doubt come.
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