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March 14, 2006

Influential law journal endorses same-sex marriage in N.J.

Marriage equality for New Jersey gay couples just got a big new endorsement: the influential New Jersey Law Journal.

As the state's supreme court decides whether to legalize same-sex marriage—a decision is expected within months—the Law Journal published an editorial on Monday stating its support for marriage equality. “On February 15, the New Jersey supreme court heard oral arguments in Lewis v. Harris, a case that will decide whether same-sex couples have a right to marry under the New Jersey constitution,” the editorial read. “We endorse the right of people of the same sex to marry and urge the court to declare that such a right is rooted in our state constitution.”

With Monday's editorial, the law journal changed its previous position of backing same-sex domestic partnerships but not marriage.“We are aware that the legislature attempted to deal with some of the concerns of same-sex couples through the passage of the Domestic Partnership Act. However, in an amicus brief to the court in Lewis, the State Bar Association commented that existing law falls far short of providing equality in areas that heterosexual couples take for granted,” the editorial stated.

“Although, the legislature's Domestic Partnership Act may have addressed some of the concerns of same-gender couples, it essentially created a 'separate, but not equal' status for domestic partners that not only failed to provide for equality of rights but also failed to provide many same-sex couples with what they truly seek: dignity. As one of the justices pointed out, '[The plaintiffs] want the respect and respectability of marriage and the stature and status of marriage.' This lack of quality is not only unfair, it is unconstitutional.”

The New Jersey Law Journal is read by thousands of attorneys, judges, paralegals, and others in the field of law. (Advocate.com)

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