NJ Could Become 2nd State to Legalize Same-Sex Marriage

by: Juan Melli

Tue Feb 14, 2006 at 07:45:30 PM EST

Several state court systems are currently considering cases on whether or not to legalize same-sex marriages. In Washington state the Supreme Court heard arguments nearly a year ago and is expected to decide soon. But some are speculating that New Jersey may leap-frog those other states and become the second state to legalize same-sex marriages:

Despite rejections at the trial and appellate court levels, lawyers and scholars say the New Jersey Supreme Court could cut ahead of similar suits pending in Washington, California, New York, Maryland, Connecticut and Iowa by swiftly legalizing gay marriage.
"New Jersey's court has a long and proud history of interpreting cases in favor of civil rights, and a victory in this case would be in keeping with that tradition," said Sally Goldfarb, a family law professor at Rutgers University Law School in Camden who studies family law issues. "The New Jersey Supreme Court has not hesitated to overturn state laws, and so these litigants are in a better position than they would be before most other courts across the country."

Juan Melli :: NJ Could Become 2nd State to Legalize Same-Sex Marriage

The state contends that the Domestic Partner Act passed by the legislature two years ago is how the legislature chose to address the issue:

Assistant Attorney General Patrick DeAlmeida's primary argument is that defining marriage is a task for the Legislature, not the courts - and that New Jersey lawmakers instead chose to extend an inheritance-tax exemption and hospital-visitation and decision-making rights through the domestic-partnership law.

But the New Jersey Bar Association - the largest professional organization of attorneys in NJ - disagrees, and filed an amicus brief saying that the law is inequitable and confusing. They call the Domestic Partner Act "piecemeal and tediously slow legislation attempting to correct some of the inequities, and the often conflicting case law that is evolving." They add: "It is the concern of the Bar Association that this body of law has created an untenable and inequitable area of law which makes it difficult at best to represent clients whose rights are dictated by the law as it exists today." (emphasis mine)

The arguments will be made tomorrow morning. If you're in the area, drop by to show your support.