For gay rights advocates, there was debate over whether the ruling was a
victory.
Lara Schwartz, legal director of Human Rights Campaign, said if legislators
have to choose between civil unions and marriage, it is a no-lose situation for
gay couples. "They get to decide whether it's chocolate or double-chocolate
chip," Schwartz said.
Steven Goldstein, executive director of Garden State Equality, New Jersey's
main gay rights group, said his organization wants nothing short of marriage.
"We get to go from the back of the bus to the middle of the bus," he complained.
The New Jersey high court castigated the treatment homosexuals receive under
the law.
"The seeming ordinariness of plaintiffs' lives is belied by the social
indignities and economic difficulties that they daily face due to the inferior
legal standing of their relationships compared to that of married couples," the
court said.
Outside the court, news of the ruling caused confusion, with many of the
roughly 100 gay marriage supporters outside asking each other what it meant.
"I'm definitely encouraged," said Chris Lodewyks, one of the plaintiffs who
gathered at a Newark law office. But he added, "I'm not sure what this exactly
means in terms of marriage."
Another plaintiff, Saundra Toby-Heath, was more effusive: "I feel they were
listening and paying attention to us as human beings who wanted to have the same
rights."
Garden State Equality, New Jersey's main gay political organization, quickly
announced that three lawmakers would introduce a bill in the Legislature to give
full marriage rights to gay couples.
"New Jersey is a progressive state and has a tradition of tolerance," said
one of the lawmakers, Democratic Assemblyman Reed Gusciora.
GOP Assemblyman Richard Merkt said he would seek to have all seven justices
impeached. "Neither the framers of New Jersey's 1947 constitution, nor the
voters who ratified it, ever remotely contemplated the possibility of same-sex
marriage," Merkt said.
Gay couples in New Jersey can already apply for domestic partnerships under a
law passed in 2004. Among other things, domestic partnerships give couples the
right to inherit possessions if there is no will and health care coverage for
partners of state employees.
Democratic Gov. Jon S. Corzine supports domestic partnerships, but not gay
marriage.
Supporters pushing for full gay marriage have had a two-year losing streak in
state courts, including those in New York, Washington state, and both Nebraska
and Georgia, where voter-approved bans on gay marriage were reinstated.
They also have suffered at the ballot boxes in 16 states where constitutions
have been amended to ban same-sex unions.
Cases similar to the one ruled on Wednesday, which was filed by seven gay New
Jersey couples, are pending in California, Connecticut, Iowa and
Maryland.
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