10.25.2006

Not quite Marriage, just the same ...

“a history or tradition of discrimination — no matter how entrenched — does not make the discrimination constitutional.” - New York Court of Appeals Chief Judge Judith S. Kaye

The New Jersey Supreme Court today ruled against same-sex marriage and in favour of civil unions affording all or most of the benefits of marriage without the name.

“Despite the rich diversity of this state, the tolerance and goodness of its people, and the many recent advances made by gays and lesbians toward achieving social acceptance and equality under the law, the Court cannot find that the right to same-sex marriage is a fundamental right under our constitution,” the court decision said.

The decsion went on to add ...
"But the court also said that denying same sex couples “the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose.”


A victory for sure but far short of the needs of same-sex couples. The court gave the New Jersey State Legislature six months to write a new law permitting same-sex unions and affording them the rights referred to above.

Read the decision here via the New York Times.

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