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Marriage Back on the Table, Has the NJ supreme court just made same-sex marriage an electoral issue?
NRO ^ | 10.26.06 | Stanley Kurtz

Posted on 10/26/2006 10:55:44 AM PDT by Coleus

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N.J. Supreme Court Ruling Opening Door to Same-Sex Marriages, A Wake-Up Call

ANN ARBOR, MI – The New Jersey Supreme Court ruled yesterday that same-sex couples are entitled to all the rights and benefits enjoyed by opposite–sex couples. The Court ordered the state legislature to enact legislation within 180 days that would either include same-sex couples in the existing marriage laws, or create a parallel statutory structure. Gay activists hailed the Court’s decision as an enormous victory.  The ruling overturned two lower court decisions that had dismissed the complaint brought by seven same-sex couples, which alleged that state restrictions of marriage to the union of one man and one woman violated the liberty and equal protection guarantees of the state constitution. The New Jersey Supreme Court ruled in favor of same-sex unions despite the fact that current state law defines marriage as between one man and one woman and despite the fact the court acknowledged there is no fundamental right to same –sex marriages.

Richard Thompson, President and Chief Counsel of the Law Center, condemned the ruling, “The New Jersey Supreme Court has engaged in a reckless act of social engineering and judicial activism which, if allowed to stand, will have bitter consequences for society in the future. No consideration was given to the instability the Court’s social experimentation will have on society as they cavalierly detached marriage from procreation and the traditional family of one man and one woman. This decision should be a wake-up call to the vast majority of Americans who oppose same-sex marriages. Perhaps the chief lesson of yesterday’s decision is the importance of providing traditional marriage with constitutional protection.”   In 2004, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, collaborated with the Coalition For The Protection Of Marriage and other pro-family groups, such as the American Family Association of Michigan, to draft and secure passage of Michigan’s Marriage Amendment. When opponents of the amendment claimed it was unnecessary because Michigan law limited marriage to the union of one man and one woman, the Center warned that a constitutional amendment was the best guarantee against a redefinition of marriage by an activist court.

Patrick T. Gillen, the Thomas More Law Center attorney who drafted Michigan’s Marriage Amendment for the Coalition, noted another lesson to be learned from the decision. “The defense of traditional marriage was fatally compromised by the Attorney General’s failure to defend the role that marriage plays in promoting the true good of the spouses and children who enter the family. Once society fails to appreciate these essential goods of marriage, damage to the family and, ultimately, the common good, becomes inevitable.”  Last week Gillen appeared before the Michigan Supreme Court in a case where the Law Center argues that Michigan’s Marriage Amendment prohibits public schools from recognizing and subsidizing same-sex domestic partnerships. Yesterday, the Law Center filed an appeal from a decision dismissing its claim that the Marriage Amendment prohibits Michigan State University from recognizing and subsidizing same-sex domestic partnership benefits. In both cases the courts refused to rule on the merits of the claim, dismissing the suits based on narrow jurisdictional grounds.

Currently, Massachusetts is the only state that has authorized same-sex marriages. Two other states, Vermont and Connecticut authorize civil unions. Nineteen states have adopted constitutional amendments that explicitly ban same-sex marriages. On November 7th eight additional states will be voting on constitutional amendments banning same-sex marriages -- Arizona, Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia and Wisconsin.

1 posted on 10/26/2006 10:55:47 AM PDT by Coleus
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To: Coleus
FYI..NYC Mayor Bloomberg has already announced that he supports the NJ decision, and that "New York City will recognize those gay marriages from NJ when and if they occur." The problem is that it's the STATE, and not the CITY, that determines what will, or not be recognized from another state..

The person who, IMHO, will really be hurt by this is Rudy. I've long felt he has a good chance for the 2008 GOP nomination, and that he could become acceptable to social conservatives and evangelicals in the GOP because of his strong stance on national security issues, but if Rudy is forced to take a position on this issue, and agrees with Bloomberg..then he's toast...so there may be a political implication at play here..

2 posted on 10/26/2006 11:02:51 AM PDT by ken5050
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To: Coleus
"The defense of traditional marriage was fatally compromised by the Attorney General’s failure to defend the role that marriage plays in promoting the true good of the spouses and children who enter the family."

I strongly disagree with this guy. The defense of traditional marriage was fatally compromised once governments got into the business of giving out marriage licenses in the first place. The best defense against same-sex marriage is to shake the dust off our feet and stop pretending that a government's definition of "marriage" means -- or ever did mean -- anything at all.

I can easily see the day when people with serious religious inclinations simply stop getting "licenses" when they get married.

3 posted on 10/26/2006 11:06:15 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Coleus

Eff yah! Its the gift that keeps in giving. democrats and liberals secretly want to shove this down America's throat and most everybody does not want it.


4 posted on 10/26/2006 11:08:42 AM PDT by KC_Conspirator
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To: Coleus

If NJ wasn't so close-minded, interspecies marriage should also be on the ballot. See article in Bay City Times. The Will and Trigger show is just around the corner.

The Bay City Times ^ | Tuesday, October 24, 2006 | TIM YOUNKMAN
(mlive.com) A 44-year-old Saginaw man remains jailed today on charges of bestiality after he was seen engaged in sexual acts with a dead dog, Michigan State Police troopers said. Ronald Kuch was arrested after police searched the area of Midland and...


5 posted on 10/26/2006 11:11:27 AM PDT by Neoliberalnot
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To: Coleus
Does anyone know precisely what this adds in terms of benefits to the already existing domestic partner benefits? What did they gain in real goods?

The idea that a title makes a difference is ridiculous. Even a domestic partnership is essentially a marriage. All the domestic partner law did was make it easier for the judges to claim discrimination because the "union" benefits were not the same.

6 posted on 10/26/2006 11:12:18 AM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Coleus

Any time you (or anyone) posts a Stanley Kurtz article, it would be good to add his name to the keywords. Thanks for posting this.

Self: later pingout.


7 posted on 10/26/2006 11:12:40 AM PDT by little jeremiah
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To: Alberta's Child

I think he is absolutely right. The AG made a huge blunder in not defending those "rights" given to heterosexual marriage as being based especially for the benefit of children raised in a natural and normal relationship.

That left the court with only the argument they used...that the state had no reason to prohibit same sex couples from those benefits.

Because the state of NJ has stupidly promoted homosexuals the court was left with little choice.

You cannot really disagree that the state has no onterest in marriage: the tax deducts, the right of inheritance and the rest all develope stability.


8 posted on 10/26/2006 11:16:42 AM PDT by Adder (Can we bring back stoning again? Please?)
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To: ken5050

I think Guiliani is already on record for civil unions which are federally recognized as marriage in all but the "M" word.

The ONLY way Guiliani can recover would be to announce support for the Federal Marriage Amendment (which as a lawyer, he KNOWS is the only way to make normal marriage the law of the land safe from judges) AND reounce the sham civil unions.

This he also knows as a lawyer since cohabitation agreements, advance directives take care of the civil union issues.


9 posted on 10/26/2006 11:18:35 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Adder
The AG made a huge blunder in not defending those "rights" given to heterosexual marriage as being based especially for the benefit of children raised in a natural and normal relationship.

An attorney general can't possibly stand up and make that case and keep a straight face these days, seeing how a marriage is a state-sanctioned contract that is violated and broken with such boring regularity that it is basically meaningless. Heck -- there is even an entire branch of the legal profession (divorce law) that was created specifically to deal with all of the cases in which these contracts must be "undone."

You cannot really disagree that the state has no onterest in marriage: the tax deducts, the right of inheritance and the rest all develope stability.

Yes, I can. If you need any proof of this, just realize that families were far more stable -- and homosexual marriage such a bizarre notion that nobody even thought about it -- when people got married without any formal government recognition at all.

The state really has no BUSINESS in marriage. Tax deductions are related to a state function (taxation of income) that is barely even legitimate in my eyes. Rights of inheritance can be given to anyone with the proper documentation (regardless of family relations). And as I pointed out previously, the notion that there is anything resembling "stability" in heterosexual marriage in New Jersey state law anymore is a joke.

10 posted on 10/26/2006 11:30:10 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: little jeremiah

Any time you (or anyone) posts a Stanley Kurtz article, it would be good to add his name to the keywords. Thanks for posting this. >>>

I was going to. the new fr policy is to only allow 4 topics and keywords or the article won't be posted.


11 posted on 10/26/2006 12:08:41 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, geese, algae)
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To: The Ghost of FReepers Past
What did they gain in real goods? >>

The courts want full marriage benefits for the homosexuals. Meaning that if a "partner" dies, the other "partner" will be treated as spouse and receive full death and pension benefits. When one partner has health insurance the other partner will be covered since they are considered "married". There is both a financial and religious element that needs to be debated. Companies will now have to pay spousal benefits for gay couples.
12 posted on 10/26/2006 12:15:41 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, geese, algae)
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To: Coleus

I guess none of these commentators see a problem with the New Jersey Supreme Court telling the NJ Legislature what laws they must pass and giving them a deadline to do it! At least I haven't seen it discussed.


13 posted on 10/26/2006 1:00:18 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: Coleus

No...I know what the court means. My question was, what is the difference between what the court ordered and what they already had through the state's domestic partner laws?


14 posted on 10/26/2006 1:02:19 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: CaptRon

Oh..but the court left to the democratic process naming rights.


15 posted on 10/26/2006 1:03:19 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Ghost of FReepers Past

If there are any Republicans left in New Jersey they should be all over this!


16 posted on 10/26/2006 1:06:03 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: CaptRon

And just how does the court intend to enforce this ultimatum?


17 posted on 10/26/2006 1:06:48 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: The Ghost of FReepers Past

you can probably go on most gay-agenda websites and find out the info there.


18 posted on 10/26/2006 1:13:59 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, geese, algae)
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To: Coleus

One can circumvent that by adding another keyword after the article is posted. That works.


19 posted on 10/26/2006 1:17:09 PM PDT by little jeremiah
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To: little jeremiah

yes, I know that.


20 posted on 10/26/2006 1:18:18 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, geese, algae)
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