Oppose any action on issue in lame duck legislature
BY TOM HESTER SR.
NEWJERSEYNEWSROOM.COM
Six Republican legislators and their conservative allies want a constitutional referendum on allowing gay marriage in New Jersey and oppose any effort to move measures approving it in the lame duck Legislature in November and December.
The Republicans and activists, led by Assembly members Michael Doherty (R-Warren) and Alison Littell McHose (R-Sussex), plan to hold a press conference at the Statehouse in Trenton on Monday to detail their positions.
"This is nothing we haven't call for before,'' Doherty said Friday. "We put in a constitutional amendment to let voters decide the issue one way or another, yes or no. It's simple, we can let the voters decide or let a judge decide or let the lame duck session decide after November. We are going to try to re-invigorate the effort to let voters decide.''
Doherty said he understands the Democratic-controlled Legislature plans to have a lengthy agenda of bills leaders want to see approved before the current Assembly session ends in early January. "There will be an extensive lame duck session with a lot of things going on,'' he said. "Particularly if (Republican) Chris Christie wins.''The gubernatorial election is Nov. 3. Should Gov. Jon Corzine lose, Democrats in the Legislature would want to get their major bills to him for approval before he would leave office in early January. It would be virtually impossible to get a constitutional referendum through the Legislature without Republican control of both houses.
Assemblyman Reed Gusciora (D-Mercer) is the prime sponsor of the "Civil Marriage and Religious Protection Act,'' which would legalize same-sex marriage in New Jersey. The measure, A-818, is pending in the lower house Judiciary Committee. Sen. Loretta Weinberg (D-Bergen), the Democratic lieutenant governor candidate, is the prime sponsor of the upper house version, S-1967.
Neither Gusciora nor Steven Goldstein, chairman of Garden State Equality, would say specifically if the legislation will be moved in the lame duck session.
"I don't make those decisions,'' Gusciora said. "Right now we are in the middle of an election. No one has told me the bill will be posted. I have a whole legislative agenda. I am pushing to get all of my bills heard in the lame duck session.
Matt Reilly, a spokesman for the Senate Democrats, said no agenda or meeting dates have been decided for the upper house lame duck session.
Goldstein said he would like to see the gay marriage bill approved this year. He charged that Republicans, when they controlled the Legislature, wanted to move a bill prohibiting gay marriage and at that point never called for a referendum on the issue.
"They have every right to seek a referendum,'' Gusciora said. "These are the same persons that in the 60's would have called for a referendum on laws to end discrimination. They are just against any civil rights for people, they have always been like that. If they are serious about protecting the sanctity of marriage, why not have a bill against divorce.
Gay marriage opponents in Illinois are seeking a referendum on the issue next year. Last year, voters in California, Arkansas and Florida voted against same-sex marriage, bring to 30 the number of states that officially oppose it.
Joining Doherty and McHose will be Sen. Gerald Cardinale (R-Bergen), Sen. Steve Oroho (R-Sussex), Assemblyman Gary Chiusano (R-Sussex), Assemblyman Richard Merkt (R-Morris), former senator Richard LaRossa (R-Mercer), Virginia "Ginnie " Littell, former state Republican chairwoman; former Bogota mayor Steve Lonegan; Len Deo of the New Jersey Family Policy Council, and Carolee Adams of Eagle Forum New Jersey.
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What's happening in the UK can't honestly be traced to gay marriage, especially since full-fledged gay marriage is NOT EVEN LEGAL there.
Legal recognition of same sex relationships has been going on for 20 years. If anything, polygamy and whatever else you want to dream up would already be legal in the nations that have had protections for gay couples the longest, such as Denmark, which started providing civil unions in 1989. There has been no "domino effect" which has granted legal recognition for polygamous marriages there.
But your previous argument was about "tradition vs. contract". Well, TRADITIONALLY, polygamy has been much more common and accepted than same sex marriage, so why do you oppose it? In fact, the polygamy issue in the UK has its roots in traditional Islamic ideas of marriage. Is marriage about tradition or not? Make up your mind.
HM Customs & Revenue have extended married dependent status to second and third and fourth wives in the United Kingdom. Similar rules are being drawn up to cover the rest of the EU. HMCR took this move to accommodate those coming into the UK from countries that practiced traditional polygamy. This recognition, in law, points the way to what the future will look like. Enjoy.
Gay marriage has been legal here in MA for five years now and no additional "leaps" have been made. Perhaps you can back up your assertion with some facts? Nowhere that gay marriage is legal has such a leap occurred. Gay marriage is legal in Canada, Sweden, Norway, the Netherlands, Belgium, Spain, South Africa. Four U.S. states currently allow same sex couples to marry, and two acknowledge same sex marriages from other states. Have any of these places "taken the leap" to allow ANY two people to marry?
Your argument can apply to any couple. "If we legalize interracial marriage, there's nothing to stop the leap to interspecies marriage."
You'll have to give us more than a knee-jerk slippery slope argument. You need to prove such statements.
I suggest we consider this. At least make the leap with our eyes wide open.
There may come a time when it is acceptable once again, and if someday people want to push for that kind of change, they are certainly free to to try. But to make a correlation between legalizing same sex marriage and legalizing polygamy or any other kind of marriage is just another weak attempt at a slippery slope argument. Everything must be decided by its own faults and merits. And in over twenty years of extending gay couples legal recognition in nations around the world, we have yet to see a push for legalized polygamy, interspecies marriage, or any of the other doomsday predictions put forth by those who oppose gay marriage.
We should think about this and seriously discuss it. The world will change in ways we don't yet imagine.
At any rate, since CIVIL marriage is a CIVIL contract, it IS a civil right, and civil rights aren't just matters of race or color.
All that we have left is the consent of the governed. That is the battle here. Will we have a "soft" authoritarian society or a democratic one?
There was a time when the law was the shared property of every citizen. It was long ago hijacked by the legal industry and its members, on the courts and in the legislature. Now it is accessible only through them, on their terms, and at a cost.
The Constitution has become the plaything of the legal priesthood, its simple language apparently unreadable by the rest of us. Some Republic. Is this the "democracy" we die to build in other countries? We must get back to first questions.
And so I ask again, where does the law come from in a secular society?
1) The founding fathers wrote in our Constitution (Guarantee Clause) of a republican form of democracy, and if you look to the arguments as expounded in the Federalist and Anti-Federalist papers, the idea was that direct democracy (like referenda) would lead to a tyranny of the majority over unpopular minorities. The plain and simple truth was that in our republican democracy, we value all of our citizens, and by letting the majority vote, you get what prsteve11 above calls 'hysteria,' and people vote on emotions and not guarantees of the constitution. The idea of representative democracy is both a more sophisticated form of law making, with committee reports and testimony, and the removal of the elected officials and the constituents allowed for certain policy decisions to be made that would protect politically unpopular groups from suffering at the hands of the majority.
2) The idea of unsophisticated laypeople deciding the fate of someone else's ability to wed is ludicrous. Imagine if the ability to practice Christianity or Judaism or any other religion were put to a vote in a referendum. The idea is inconceivable. People who oppose marriage equality like to frame the debate as a moral one, and not a civil rights issue, but the clear fact of the matter is that an entire group's right to enter into contractual formalized relation is being denied. That is, civil marriage is being denied. Plain and simple, this equates to a question of civil rights.
3) The founders also wrote into the Constitution a separation of Church and State. In my opinion, government never had the right to marry anyone, since marriage is a sacrament, and the government by definition does not have the ability to sanctify (make holy). But, the government had every right to protect the contractual relationship now called (civil) marriage by regulating it and issuing licenses. But it would be impossible to re-write history and undue the tradition of civil marriage in this country, and it is manifestly unjust to deny access to this franchise to an entire class of citizens based on the idea that it is not religiously acceptable, because religion is personal and should have no bearing on whether the (secular) State acknowledges the institution between same-sex partners or not.
Also, the idea that same-sex marriage would alter the "sanctity" of marriage fails for two major reasons. First, Churches/Synagogues/Temples/Mosques etc would be able to continue to decide for themselves whether or not to sanctify same-sex unions. The government is constrained by the first amendment and cannot impose its will on any state in this matter. Second, there are greater damages to the "sanctity" of marriage than same-sex unions, namely divorce. Have a referendum on that.
(As an aside, religious arguments that focus on "traditional definitions of marriage" are ignorant of many aspects of traditional marriage. Up until the past century, women were property in marriage, marriage contracts were between the families of the couples and not the couple themselves, African-Americans were denied the ability to marry Caucasians until the late 1940s, and even in the Bible there are major characters who had numerous wives, a wife and numerous concubines, or numerous wives and numerous concubines. Also, if anyone frames the debate in terms of Leviticus, you are just a hypocrite. If you eat shellfish, trim your bear, sit in the chair a women who menstruated sat in, lied with a woman within a week of her period, and many more, you are just as much an abomination as a man who lies with a man.)
Basically, the question is one of civil rights, but at a more fundamental level, it's about basic human dignity. There is a class of citizens in this country that pays the same taxes, obeys the same laws, but if my partner were hospitalized, I'd have to worry about whether the doctor would let me in to see him. People like to claim that homosexuals are seeking "special" rights, but all we ask for is to be treated with the same dignity as everyone else, and offered the same right to enter into the legal and contractual (civil) relationship the government recognizes as marriage. It's time for conservatives to stop hiding behind their bigotry and advocating for blatant discrimination in the name of religion.
That's the typical lame excuse as to why the democratic process shouldn't be allowed to define marriage. These supporters of same-sex marriage get caught up in the hysterics of the moment and hyperventilate about 'civil rights' when it has nothing to do with civil rights. We are talking about the DEFINITION of marriage. This is not about whether a person of color is denied the right to vote or mistreated or even whether a homosexual is deprived of their 'rights'. This is about how marriage is defined in society as a whole. The norm in America is that marriage is between one man and one woman. It is absolutely constitutional in a democratic society to allow such a definition to be put to a vote, just like it's democratic to put to a vote whether or not the death penalty should be available in a state. For those who say that the 'rights' of the minority should not be put to the majority, they're simply missing the whole point of rights and who in the world are they to act like the elite to decide if the democratic process should be allowed? Sounds like arrogance to me!