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New Jersey Gay Marriage Opinion - Gay Unions Required
NJ Supreme Court ^ | 10/25/06 | NJ Supreme Court

Posted on 10/25/2006 12:10:14 PM PDT by conservative in nyc

Edited on 10/25/2006 12:51:39 PM PDT by Admin Moderator. [history]

To comply with the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, the State must provide to committed same-sex couples, on equal terms, the full rights and benefits enjoyed by heterosexual married couples. The State can fulfill that constitutional requirement in one of two ways. It can either amend the marriage statutes to include same-sex couples or enact a parallel statutory structure by another name, in which same-sex couples would not only enjoy the rights and benefits, but also bear the burdens and obligations of civil marriage. If the State proceeds with a parallel scheme, it cannot make entry into a same-sex civil union any more difficult than it is for heterosexual couples to enter the state of marriage. It may, however, regulate that scheme similarly to marriage and, for instance, restrict civil unions based on age and consanguinity and prohibit polygamous relationships.

The constitutional relief that we give to plaintiffs cannot be effectuated immediately or by this Court alone. The implementation of this constitutional mandate will require the cooperation of the Legislature. To bring the State into compliance with Article I, Paragraph 1 so that plaintiffs can exercise their full constitutional rights, the Legislature must either amend the marriage statutes or enact an appropriate statutory structure within 180 days of the date of this decision.

For the reasons explained, we affirm in part and modify in part the judgment of the Appellate Division.

JUSTICES LaVECCHIA, WALLACE, and RIVERA-SOTO join in JUSTICE ALBIN’s opinion. CHIEF JUSTICE PORITZ filed a separate opinion concurring in part and dissenting in part in which JUSTICES LONG and ZAZZALI join.


TOPICS: Breaking News; News/Current Events; US: New Jersey
KEYWORDS: aids; disease; gaymarriage; homosexualagenda; jersey; judicialtyranny; perverts; sodomites; sodomy
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To: zbigreddogz
I think this will affect every race...
21 posted on 10/25/2006 12:20:41 PM PDT by The Old Hoosier (Right makes might.)
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To: conservative in nyc

I'm glad the Justices were operating their own legislature and debating whichj gay marriage bill to pass. sarcasm off.


22 posted on 10/25/2006 12:20:54 PM PDT by Williams
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To: Williams

He won't. He's not suicidal.

$100 bucks says Kean will release something today denouncing it. Menendez will be stuck between a rock and a hard place.


23 posted on 10/25/2006 12:20:59 PM PDT by zbigreddogz (`)
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To: conservative in nyc

This should put Kean into office assuming he doesn't come out in favor of gay marriage in the next two weeks.


24 posted on 10/25/2006 12:21:07 PM PDT by RobFromGa (The GOP will retain the Senate and House in 2006- Let's Do Something With It!)
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To: The Old Hoosier

Couldn't hurt, could it?


25 posted on 10/25/2006 12:21:34 PM PDT by zbigreddogz (`)
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To: JerseyDvl

I hope you're right. This state needs some changes and fast. We elect the liar to fill the disgraced deviant governor's vacated position and now this.

We're all doomed!


26 posted on 10/25/2006 12:21:46 PM PDT by OneRatToGo
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To: shankbear
Funny you should mention that . . .

I used to kid a friend of mine from Andover, New Jersey by referring to his home town as "Bendover."

27 posted on 10/25/2006 12:21:59 PM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: conservative in nyc

How about "Perversion." We get to pick the name; I nominate that one.


28 posted on 10/25/2006 12:22:26 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: conservative in nyc

Who are those queers?


29 posted on 10/25/2006 12:22:40 PM PDT by JRochelle (You can believe what you want, but you can't have your own facts!)
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To: zbigreddogz

Kean has moved ahead and I bet will jump even farther ahead after this hits MSM!!


30 posted on 10/25/2006 12:23:31 PM PDT by dcnd9
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To: conservative in nyc
The name to be given to the statutory scheme that provides full rights and benefits to samesex couples, whether marriage or some other term, is a matter left to the democratic process."

Nice of them to leave the naming to the democratic process, after they gutted it of any real say in the matter.

We live in a Judicial Tyranny.
31 posted on 10/25/2006 12:23:44 PM PDT by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: zbigreddogz

I don't know Kean's position, and I will never pay the $100, but I do bet you Kean will NOT denounce this decision. Hope I am wrong. I will make absolutely sure I vote for Kean, but he is an idiot who has decidedd this is a leftist state.


32 posted on 10/25/2006 12:23:56 PM PDT by Williams
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To: zbigreddogz

Kean has moved ahead and I bet will jump even farther ahead after this hits MSM!!


33 posted on 10/25/2006 12:24:00 PM PDT by dcnd9
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To: RonF

You think anyone cares what 'the people' of New Jersey want?


34 posted on 10/25/2006 12:24:05 PM PDT by tcostell (MOLON LABE)
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To: conservative in nyc

If republicans were smart (which most arent) they would tie these decisions as democrat values. The democrat values are pro-homo, pro-murdering innocent babies, pro-racism, anti-christian, anti-free speech, etc.....

But no the RINOs are weak spined and think social conservatives will be scared into voting for them because of the alternative. Quite frankly I would rather drive over the cliff at 100 mph than 1 mph. Seems like the parties are going the same place just at a different speed.


35 posted on 10/25/2006 12:24:13 PM PDT by sasafras (("Licentiousness destroyes order, and when chaos ensues, the yearning for order will destroy freedom)
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To: conservative in nyc

"Instead of being 'married' you can be 'butt buddies.' Instead of being 'husband' and 'wife' you can be 'butt buddies.'"


36 posted on 10/25/2006 12:24:25 PM PDT by furquhart (Time for a New Crusade - Deus lo Volt!)
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To: RobFromGa

That's what I was thinking.

If Kean isn't a total idiot, he'll come out swinging against this decision. Even if he's spineless, he can still say it should be decided by the legislature, not by the courts.


37 posted on 10/25/2006 12:24:40 PM PDT by zbigreddogz (`)
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To: conservative in nyc

The ultimate October suprise.


38 posted on 10/25/2006 12:25:07 PM PDT by NeoCaveman (Politics ain't beanbag. Make it a Rovetember to remember)
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To: conservative in nyc

Perfect timing. The libs are cringing. GOP gains seats house and senate.


39 posted on 10/25/2006 12:25:57 PM PDT by pissant
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To: conservative in nyc
They allow SSU then they must then allow polygamy and any other forms of "loving committed relationships" the same privileges. The slippery slope continues...
40 posted on 10/25/2006 12:26:29 PM PDT by dcnd9
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