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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: Dukat
[It's my theory that the reason you find it most often in advanced societies is because having the extra (usually childless) adults in the tribe, allowed that tribe to prosper.]
 
Apparently the Oligarchs at Disney agree with you.  They love their slave Caste members who'll work 80 hours a week.
 
Eisner used to brag that more than 40% of their employees for homosexual.
 
That's a bit above the 10% natural distribution, isn't it?  Apparently something other than natural selection is at work there.
 
Disney went from being a national icon to just another greedy corporation with no vision - Where "Rocket Rods" replaced the mission to mars.
 
Doesn't look like that "advanced society" has benefited much from the presence of a large percentage of homosexuals.
 
The Nazis also had lots of homosexuals among them before the night of the long knives.  They did quite well also, didn't they?

401 posted on 10/26/2006 7:07:41 PM PDT by VxH (There are those who declare the impossible - and those who do the impossible.)
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Comment #402 Removed by Moderator

To: Dukat
['Without Jews, Gypsies, and Queers... there would be no entertainment."]
 

Whoever said that is obviously confusing leftist propaganda with entertainment.
 
Besides which, "entertainment" is for sheeple.
 
Bread and circuses.

403 posted on 10/26/2006 7:46:47 PM PDT by VxH (There are those who declare the impossible - and those who do the impossible.)
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To: GovernmentShrinker
Denying ANYONE the financial and social benefits and privileges given to couples of any sort bears no substantial relationship to a legitimate governmental purpose. Government has no business recognizing any sort of couple-hood, much less any business meting out different privileges and burdens based on couple-hood status or lack thereof.

LOL -so you oppose society granting (via government) marital privilege and accommodation. That has nothing to do with homosexuals pretending to be "married" and activists courts imposing such leftist ideological rulings as the one just handed down in NJ...

404 posted on 10/26/2006 9:20:34 PM PDT by DBeers (†)
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To: conservative in nyc
The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed samesex couples must be afforded on equal terms the same rights and benefits by opposite-sex couples

They have the same rights. They have the right to enter into man/woman marriage.

405 posted on 10/26/2006 9:20:49 PM PDT by Go Gordon (I don't know what your problem is, but I bet its hard to pronounce)
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To: JCEccles
[Gay marriage partners are pretending to be something nature has not fitted them to be: man and wife. ]
 
 
Exactly, but modern technology enables them to overcome this limitation - and now they are actively breeding.
 
Sexual reproduction is so passé - they believe they are superior.  
 
 
Well, my penis and I have talked it over and we definitely prefer not to become obsolete and extinct.
 
 
 

406 posted on 10/26/2006 9:49:08 PM PDT by VxH (There are those who declare the impossible - and those who do the impossible.)
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To: conservative in nyc

By what legal precedent does is "same-sex marriage" allowed, but polygamy isn't? I should be able to "marry" an inanimate object and receive tax benefits.


407 posted on 10/27/2006 8:15:04 AM PDT by jjm2111 (http://www.purveryors-of-truth.blogspot.com)
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To: FlyingEagle
"In my world, marriage is a sacrament."

Can an atheist or a Buddhist officiate your sacrament?

"For a man united with a man, or a woman united with a woman, the new name they can use is living in a relationship called "sin"."

Are you in favor of giving the government the right to assign the word "sin" to actions they deem to be sinful?

"The added benefit is that the terminology will be consistent with reality, and with millenia of cultural practice and religious truth and doctrine."

You mean with the reality of those who are like-minded to you.

408 posted on 10/27/2006 10:02:40 AM PDT by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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if the limp wrist fits wear it...


409 posted on 10/27/2006 12:19:36 PM PDT by firewalk
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& btw thanks for your email, but I don't donate to dem candidates...


410 posted on 10/27/2006 12:26:54 PM PDT by firewalk
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To: conservative in nyc; Congressman Billybob

Thank you for your fine analysis and help answering my question.


411 posted on 10/27/2006 2:29:29 PM PDT by Libertina
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To: zbigreddogz
Nope.
Good thing with equitable Legal benefits.
Gay Marriage will never happen, but Civil Unions make perfect sense.
412 posted on 10/27/2006 9:34:37 PM PDT by AlpineWest
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To: AlpineWest

Civil unions ARE marriage.

Civil unions are just marriage without the M.

Civil Marriage by a secular justice of the peace or notary is generally a "civil union".

It is just an interim step before the ABA pushes to eliminiate the word marriage completly.


413 posted on 10/29/2006 5:13:56 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: conservative in nyc

" It may, however, regulate that scheme similarly to marriage and, for instance, restrict civil unions based on age and consanguinity and prohibit polygamous relationships."

Until, of course, challenged in the state courts and appealled to the logically impaired and socialist activist New Jersey Supreme Court.

In a rational world, the legislature would simply ignore the idiots on the New Jersey State Supreme Court. But New Jersey doesn't act in a rational world and their legislators have only one goal in mind - don't rock the boat, do everything to stay in power.

This might help Republicans nationwide. Most Republican in Jersey lack the testacles to actually DO anything about the State Supreme Court's unending "discovery" of new "rights" and undermining of tradtional ones.


414 posted on 10/29/2006 5:18:52 AM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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