News
2006-10-26
Favorable N.J.
ruling could spur same-sex marriages from across U.S.
New Jersey is one
of only five states with neither a law nor a state
constitutional amendment blocking same-sex marr
New Jersey is one
of only five states with neither a law nor a state
constitutional amendment blocking same-sex marriage. As a
result, the state was more likely than others to allow
gay couples to wed, said advocacy groups on both sides
of the same-sex marriage argument.
Only
Massachusetts, by virtue of a 2003 ruling from that state's
top court, allows same-sex marriage.
Proponents and opponents from across the country
have been watching the case closely. ''New Jersey
is a stepping stone,'' said Matt Daniels, president of
the Virginia-based Alliance for Marriage, a group pushing
for an amendment to the federal Constitution to outlaw
same-sex marriage. ''It's not about New Jersey.''
From a practical standpoint, the Massachusetts
court decision made little impact nationally because
the state has a law barring out-of-state couples from
wedding there if their marriages would not be recognized in
their home states. New Jersey has no such law.
People on both sides of the issue expect that a
victory for same-sex unions would make New Jersey a
destination for gay couples from around the country
who want to get married. Some of those couples could return
home and sue to have their marriages recognized.
Daniels said gay rights advocates are already
looking ahead to such lawsuits. ''Their game, of
course, is they figure all they need to do is execute
this maneuver in a half-dozen states and they'll have the
momentum,'' he said.
David S. Buckel, the Lambda Legal lawyer who
argued on behalf of the seven New Jersey couples, said
he expects some couples would travel to the New Jersey
to get married. But, he said, ''it won't be tidal.''
Buckel said that there have been relatively few
such lawsuits filed in the U.S. by couples who went to
Canada to exchange vows. And, he said, while many
same-sex couples would prefer to be married, they are
getting more legal protections for their
relationships. Several states, including New Jersey,
offer domestic partnerships or civil unions with some of the
benefits of marriage. A growing number of employers are
treating same-sex couples the same way they treat
married couples.
Cases similar to New Jersey's are pending in
California, Connecticut, Iowa, and Maryland.
Conservatives watching the cases believe the best
chance for same-sex marriage to be allowed would be in New
Jersey, where the state supreme court has a history of
extending civil rights protections.
Same-sex marriage supporters have had a two-year
losing streak, striking out in state courts in New
York and Washington State and in ballot boxes in 15
states where constitutions have been amended to ban same-sex
unions. (Geoff Mulvihill, AP)
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