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I’m sure Governor Chris Christie will just loooove being asked about this development in the Garden State. NJ.com:
In a dramatic move, Democratic leaders plan to announce at a news conference Monday that a bill legalizing gay marriage will be the first measure introduced in the new session of the Senate and the Assembly, sources with knowledge of their intentions said last night.
A unified Democratic leadership represents the best chance supporters will have to see a bill legalizing gay marriage move through both houses, according to three sources who requested anonymity because they are not authorized to speak publicly about the plan.
4 Comments
What is the judicial status of marriage equality in NJ? As I recall when the legislature put in civil unions it was in response to a judicial order requiring them to implement full equality. They weren’t required to call it “marriage”, thus the use of “civil unions”. But, the solution was required to be totally equal. I am also under the impression that a study was done that proved that the civil unions as implemented were not equal to marriage. I’m guessing legal action has been brought based on the results of that study in order to force the courts to require the legalization of marriage. Anyone know if there is legal action pending and what the timeline for that is?
I believe there is a legal action currently pending in the state. I was under the impression that Governor Christie said he’d veto any marriage equality bill. So what would be the purpose in reintroducing it? Or, can the courts intervene and make it legal if the legislature passes it? Maybe a NJ lawyer can enlighten us.
You’re memory is right on target – there is a lawsuit underway challenging the supposed equality of civil unions based on that study as well as based on official statements of marriage opponent legislators made during a legislative hearing admitting that CUs aren’t providing equality. You can find useful links related to that case here.
Passing the bill even if Christie will veto it has many benefits. First, it indicates to the state courts hearing the challenge to the civil unions law that the majority of the legislature admits that civil unions aren’t equal to marriage. The NJ supreme court told the legislature to provide s-s couples with equality, but allowed them to chose the route. Passage of a marriage law would be the legislature admitting that the civil unions they created weren’t meeting the court’s standard.
Second, it would force a prominent Republican governor to deal with the marriage question at a time when the majority of Americans are pro-equality and so the GOP doesn’t want gays to be the focus of the GOP primaries and campaigns. As you can see already from IA and NH, GOP candidates are getting barraged with incriminating questions from equality supporters, and it’s making the candidates look ever worse than they are.