Comments

  1. Bruno says

    @Daftpunkydavid: I know at least one has…Deborah Poritz, who was in the dissent (i.e. wanted the term “marriage” to apply), retired shortly thereafter. I assume her replacement was put in place by Corzine. I seem to recall Christie having another appointee too?

  2. Rin says

    Guys, what’s the difference between Civil Union and Marriage legally? I’m trying to write some blogs and articles about those differences so that people can see what you are asking for.

    I thought Civil Unions had all the same protections and the idea for “marriage” was more of a sociological movement to show that gay families are families in the traditional sense.

    I think if people could see the difference in legal terms they pay tip in favor of “pro”

  3. Tyler says

    So why did they wait a year to file this after the Supreme Court told them to start again in the Superior Court? They need this to get back up there as soon as possible before Christie starts replacing the judges, and yet they wasted a whole year

  4. searunner says

    @Tyler: They attempted to file the case directly with NJSC but in a split decision the case was rejected as there was no case record. As for why it took nearly a year, who knows.

    @Daftpunkydavid: the make-up of the court has indeed changed, but as the original ruling was 7-0 any addition to the court would be hard pressed to reverse a unanimous decision from 2006, assuming said justice subscribed to the conservative mantra of stare decisis.

    The beauty of this case is that a government created commission has found civil unions to be inadequate and when the legislature was given the chance it decided not to address the inadequacies. In addition, you even had a Republican State Senator in the hearing say the problem was the word ‘civil union’ and it needed to be called something else, just not marriage.

  5. Q says

    Rin, if you take a look at Lambda’s website about the case you will see some of the problems with civil unions. Even if people are in civil unions, hospital staff, employers and others don’t recognize them and don’t give equal treatment. Most people have no idea what a civil union is, but everyone knows what it means when you say “we’re married.”

  6. says

    “Guys, what’s the difference between Civil Union and Marriage legally?”

    @Rin: Since neither CUs or civil marriage of gay couples are recognized at the federal level, the differences may seem subtle, but they are important. There have been instances (which you can find on Lambda’s or Freedom to Marry’s websites) within states where rights have been denied because CUs are seen as not-marriage.

    But it’s also important in terms of DOMA. If DOMA is overturned, gay couples who are married should have their marriages federally recognized because married couples cannot be treated differently. Because CUs are clearly not marriage, who knows how the end of DOMA would effect those couples.

    Furthermore, there is no rational reason to have 2 separate (and inherently unequal) institutions for the same thing, with the same rights and responsibilities, other than to establish 2 classes of citizenship. So, yes, there’s a symbolic measure of respect involved, but there’s also a legal irrationality behind calling the marriages of gay couples something different. None of the justifications hold up under scrutiny.

  7. Rin says

    @Mike, @Q, @Ernie,

    thanks. I need a lot more facts for blogging.

    I pushed for gay marriage in my state because it was on the ballot. I always thought Civil Unions and Marriage had the same legal protections, but in my opinion marriage “sounded nicer”.

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