newjerseynewsroom.com

Rules case must begin a county court level

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

UPDATED

The New Jersey Supreme Court, in a split decision, Monday declined to hear a case brought by six same-sex New Jersey couples who are seeking the right to marry.

The high court held the case initially needs to be heard in a state Supreme Court in a county seat.

"This matter cannot be decided without the developments of an appropriate trial-like record,'' Chief Justice Stuart Rabner declared.

"We reach no conclusion on the merits of the plaintiff's allegations regarding the constitutionally of the (state) Civil Union Act,'' the chief justice added.

The couples brought the case following the failure of same-sex legislation in the state Senate. They argue that New Jersey‘s 2006 civil union law has failed to provide them the benefits of a heterosexual married couples that the court mandated the Legislature give them in 2006. Following that ruling, the Legislature failed to approve a bill that would have provided for same-sex marriage.

The Supreme Court decision was 3 to 3, with Rabner, Justices Robert Rivera-Soto and Helen Hoens voting not to hear the case and Justices Virginia Long, Jaynee LaVecchia and Barry Albin voting to hear it.

In dissenting, Long stated the court should have heard oral arguments from the plaintiffs and opponents before deciding whether or not to hear the case.

"At the very least, oral argument would have helped guide us on the best procedural course for creating such a record,‘' Long held.

Sen. Raymond J. Lesniak(D-Union), a prime sponsor of the failed "Freedom of Religion and Equality in Civil Marriage Act" proposal that was defeated in the Senate, said the court was correct in ruling the case should begin in the lower courts.

"I know that many supporters of marriage equality are disappointed today that the Supreme Court has chosen not to consider their lawsuit until after the case has established a trial record in the state's lower courts,'' Lesniak said. "To me, it's only delaying the inevitable realization that all couples — heterosexual or same-sex — deserve the same rights of marriage.

"It's understandable the court would want to establish a trial record to give this civil rights issue the full vetting it deserves. I'm confident that a full vetting of the issues serves to benefit and strengthen our cause for full marriage equality. But justice delayed is justice denied so I ask New Jersey's judiciary to expedite the proceedings. Many people have waited a long time to enjoy their civil right to marry. While careful deliberation is warranted, so is an expedited proceedings.

"There will soon come a day when marriage will be recognized as the legal union between two loving, committed adults, regardless of their sexual preference,'' Lesniak said. "Today's Supreme Court ruling is just another step on the road to marriage equality."

Sen. Loretta Weinberg (D-Bergen), another prime sponsor of gay-marriage bill, said she is encouraged that the legal issue still has life.

"Certainly I'm disappointed for the six couples involved in this case, and the hundreds of same-sex couples around the state who will have to continue to wait for their civil right to choose to marry whomever they want,'' Weinberg said. "However, the court left the door open for New Jersey to catch up to states like Iowa, where marriage equality is the law of the land, and Argentina, which just recently approved national marriage equality legislation, and the many other states and countries around the world which have put civil rights ahead of fear and persecution for same-sex couples. Marriage equality advocates in New Jersey will have to be patient. Our time will come. We have to continue to fight the good fight, so that, someday soon, same-sex couples in the Garden State will get to enjoy the same basic right of legal recognition for their union that far too many heterosexual couples take for granted."

Assemblyman Reed Gusciora (D-Princeton) was also a sponsor of the gay-marriage proposal.

"It has been a long and tiring fight for marriage equality here in New Jersey, especially with this latest court decision to delay a ruling even longer,'' Gusciora said. "It is a shame to still have families struggling for their basic equality. I believe that all persons should be able to enjoy the same benefits of a clearly defined and legally recognized relationship. Unfortunately our current civil unions fail to do so, and the hardships felt by these committed couples must be remedied. It is my sincere hope that the process through the lower courts will be swift and efficient, granting marriage equality for all couples in New Jersey regardless of sexual orientation."