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The Star-Ledger
Looking Back:
Historic ruling on gay rights
by Claire
Heininger,nj.com from the Web, October 25, 2007
ON THIS
DATE IN HISTORY:
On Oct.
25, 2006, the New Jersey Supreme Court ruled that same-sex
couples were constitutionally entitled to all rights and benefits
heterosexual couples get through civil marriage - except the title
"marriage" itself.
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Martin Griff/Trenton Times |
Supporters of gay marriage wait in
front of the Richard J. Hughes Justice Complex in Trenton for a ruling from the
New Jersey Supreme Court ruling on gay marriage on Oct. 25, 2006.
The justices' 4-3 ruling sent the decision to the state Legislature, stirring
emotional debate on politics, morality and civil rights that stretched beyond
semantics. Split opinions by the court on what the unions should be called
illuminated the divide.
"We cannot escape the reality that the shared societal meaning of marriage --
passed down through the common law into our statutory law -- has always been the
union of a man and a woman," wrote Justice Barry Albin for the majority.
"To alter that meaning would render a profound change in the public
consciousness of a social institution of ancient origin."
But Chief Justice Deborah Poritz, who reached the mandatory retirement age of 70
the next day, said the court should have made the decision itself to call
same-sex unions marriage.
"Ultimately, the message is that what same-sex couples have is not as important
or significant as 'real' marriage, that such lesser relationships cannot have
the name of marriage," Poritz wrote for the minority.
The historic court ruling meant that lawmakers faced a choice: Follow the
lead of Vermont and Connecticut and give same-sex couples all the benefits of
marriage, but by another name. Or they could have made New Jersey the
first state to recognize same-sex marriage by legislative action.
The legislature later voted to call the couplings "civil unions," and within the
first six months, more than 1,500 same-sex couples applied to join under that
title.
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