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NJ
Governor Would Reject
Gay
Marriage Ban
If Court
Rules In Favor
by
365Gay.com from the Web, October 5, 2006
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Trenton, NJ -- If the
legislature attempts to override the Supreme Court of New Jersey and ban
same-sex marriage Gov. Jon S. Corzine said Thursday he would refuse to sign the
legislation.
The Supreme Court is expected to rule any day on a case involving gay couples
seeking the right to marry.
At the legislature Thursday hundreds of religious conservatives staged a noisy
rally demanding the legislature move to block same-sex marriage no matter what
the court decides.
The only way that could be done would be through a constitutional amendment.
Several Republican lawmakers have sponsored a bill to begin the amendment
process but it has never received a hearing.
"If the Supreme Court rules that gay marriage is constitutional, the governor
would not sign legislation to take away people's rights,'' said Anthony Coley,
the governor's spokesperson.
The court heard arguments in the case in February and since then gay and lesbian
couples have anxiously awaited a decision.
New Jersey is one of only five states without a specific ban on gay marriage.
But when the topic of same-sex marriage first arose the state Attorney General's
Office said that same-sex marriage was not lawful, a move that blocked municipal
clerks in the state from issuing marriage licenses to gay and lesbian couples.
In 2002 when seven same-sex couples were refused licenses they went to court,
represented by Lambda Legal.
A New Jersey appeals court ruled in June 2005 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.
In February the justices peppered both sides in the case about whether the court
or the legislature should be the proper venue for the issue.
It was the same question that led the high courts in New York and Washington
state to rule that the legislatures had the right to decide.
A ruling in the New Jersey case is expected before October 25, the day before
Chief Justice Deborah T. Poritz turns 70 and is required to retire,
If the court rules against same-sex marriage, LGBT civil rights groups say they
will look to the legislature for redress. No bill to authorize gay
marriage has been introduced in the legislature. Even if such a bill were
to pass it is unclear if Corzine would sign it.
Coley hedged the question Thursday saying it is premature, but in the past
Corzine has said he believes marriage should be limited to opposite-sex couples.
The state already has what is considered one of the nation's leading domestic
partner laws. It has been in effect for over two years and guarantees
hospital visitation during illnesses, gives same-sex partners of state employees
health and pension benefits and gives municipalities the power to give their
workers health and pension benefits.
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