Same-sex marriage (SSM)

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Civil unions & same-sex marriage in New Jersey

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Quotations:

	"If marriage means everything, it means absolutely nothing." Dr. James C. Dobson, of Focus on the Family.
	"A loving man and woman in a committed relationship can marry. Dogs, no matter what their relationship, are not allowed to marry. How should society treat gays and lesbians in committed relationships? As dogs or as humans?" A posting to an Internet mailing list; used by permission of the author.
	"All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness." Article 1, Paragraph 1 of the New Jersey Constitution.
	"The couples, declaring they were tired of paying first-class taxes while being treated like second-class citizens, demanded the state allow them to marry just like their heterosexual friends, family, and neighbors." Excerpt from a Lambda news release concerning the New Jersey same-sex marriage lawsuit. 1
	"We want to say 'we're married' and have our community instantly understand the kind of loving relationship that we have -- that we're in it for the long haul, through thick and thin." Saundra Heath, plaintiff. 1
	"We shouldn't have to jump through a million hoops to prove who we are to each other, and even then not be treated as equal to other couples." Alicia Toby, plaintiff and Saundra's partner. 1
	"You’ve confused a war on religion with not always getting what you want." Jon Stewart, commenting on the conservative religious belief that same-sex marriage will endanger religious liberty and freedom.

Time line of the drive to same-sex marriage (SSM):

Gays, lesbians, and bisexuals in several U.S. states have launched lawsuits to force their states to expand the legal definition of marriage to include same sex couples. Of these, the case in Massachusetts was successful. A similar movement in Canada granted same-sex couples the right to marry across the entire country in 2005-JUL. During early 2009, a number of New England states considered bills to create same-sex marriage legislation; all but one enlarged the definition of marriage -- for the third redefinition in the history of the United States -- to include loving, committed same-sex couples. (The previous two cases were in the mid 19th century when African Americans were allowed to marry, and during the 1960s when interracial couples were allowed to marry.)

The next logical states to consider SSM were:

• New York because it has the second highest public support for SSM. A law enabling SSM in New York was passed on 2011-JUN-24 and becomes effective on 2011-JUL-24.
  
  
• Rhode Island has the highest support for SSM, but the influence of the Roman Catholic Church is also high in that state and a movement towards SSM is unlikely for a while. A bill to create civil unions there became law in mid-2011.
  
  
• New Jersey because it had 49% support in 2008/2009. It currently has a margin of 10 percentage points between the number of supporters and the number of people opposing SSM. With a current margin of this size, even a large fear-based advertising campaign would be unlikely to sway voters to oppose SSM.
  
  Six New Jersey public opinion polls by Quinnipiac University between 2006 and 2012 show a significant rise in support and drop in opposition for SSM:
  
  

  Date	Support	Opposition	Don't know, or no anwser	Margin of support in percentage points
  2006-NOV	41%	50%	9%	-9%
  2006-DEC	44%	50%	5%	-6%
  2009-APR	49%	43%	8%	+6%
  2009-NOV	46%	49%	6%	-3%
  2012-JAN	52%	42%	6%	+10%
  2012-MAR	57%	37%	6%	+20%

The great increase in support in the 2012-MAR ocurred just after Governor Chris Christie's (R) veto.

A case in which New Jersey same-sex couples petitioned for permission to marry was heard in late 2003-JUN by the New Jersey Superior court. Same-sex couples achieved a partial victory in 2006-OCT when the Supreme Court of New Jersey ordered the legislature to either:

• Expand the definition of marriage to include same-sex couples, or
  
  
• Create a civil union type system that is is equivalent to marriage, without the name "marriage."

The legislature took the second option.

In late 2007, two bills were introduced to allow all committed couples in New Jersey to marry, whether of the same-sex or opposite-sex. They did not proceed.

Another attempt was made in late 2009 to legalize SSM in New Jersey. The state Senate killed the bill by a vote of 14 for and 20 against.

During 2010-MAR, same-sex couples returned to the state Supreme Court in an attempt to have SSMs legalized. This was rejected; the plaintiffs were asked to restart their court battle at the superior court level.

During 2011-JUN, still another bill was introduced to the Assembly. It was passed by the Legislature but vetoed by the Governor. The legislature has until 2014-JAN to try to overturn the Governor's veto.

On 2012-DEC-05, Public Policy Polling announced their latest poll of New Jersey voters concerning same-sex marriage:

• 53% support SSM while 36% are in opposition for a margin of 17 percentage points. 12% are undecided or didn't answer.
  
  
• 72% support having voters decide whether to legalize SSM; 16% disagree; 12% are undecided or didn't answer. ₂

Current status:

• A SSM bill was approved by the Senate and Assembly, but vetoed on 2012-FEB-17 by Governor Chris Christie (R). The Legislature probably does not have sufficient votes to override the veto.
  
  
• Seven same-sex couples have initiated a lawsuit in state court an attempt to prove that the civil union law has failed to give them and their children rights, privileges and protections equal to marriage, as ordered by the court back in 2006.

Topics covered in this section:

	Background material. Launching the Lewis et. al. v. Harris et. al. lawsuit
	Progress of the lawsuit
	Decision of the New Jersey Supreme Court
	The civil union bill and law
	The conflict between a NJ lesbian couple who wanted a civil union ceremony, and the Ocean Grove Camp Meeting Association Part 1: The conflict. Manipulation of the conflict in a TV ad. The lawsuit Part 2: Timeline of the lawsuit. Current status
	Public opinion polls concerning same-sex marriage and marriage equality: 2003 to 2007 2009 to 2011-AUG 2011- OCT to 2012-JAN 2012-FEB to now
	Is same-sex marriage next?
	Attempts to legalize same-sex marriage: Through the legislature: Unsuccessful attempt during 2009 - 2010 During 2011 During 2012 2012-JAN 09 to 12: Bills introduced to Legislature. Columnist recommends Gov. Christie sign bill 2012-JAN 18 to 24: Gov. Christie's position. Legislative agenda. Committee approves bill 2012-JAN 24 to JAN-27: Governor Christie to veto. Votes in Legislature. Referendum debate 2012-JAN 28 to FEB-13: More referendum debate. Bill passes Assembly committee. Senate passes bill 2012-FEB-14 to 16: Poll support for SSM referendum. Jewish leaders split on SSM bill. Assembly passes bill 2012-FEB-17: Gov. Christie vetoes bill. Senator Sweeney critical of veto 2012-FEB to now: Senator Sweeney critical of veto. New polling data. Attempt to hold referendum By a return to the state courts: 2009: Court activity reactivating Lewis v. Harris. Public support for SSM. Arguments favoring SSM 2010: Petitions, amicus curiae, & unsuccessful attempt to reopen the Lewis v. Harris case 2011-JUN: Return to the courts with a new case: Garden State Equality v. Dow 2011-NOV: Court rules that case may proceed:
	Lawsuit involving the religious freedom to discriminate: Same-sex couple seeks equal treatment; Methodist group seeks the freedom to discriminate: Part 1   Part 2   Part3

Reference used:

1. "Sweeping Gay Marriage Lawsuit in New Jersey Aims for U.S. History," Lambda news release, 2002-JUN-26, at: http://www.lambdalegal.org/
2. "Illinois and New Jersey support gay marriage" Public Policy Polling, 2012-DEC-05, at: http://www.publicpolicypolling.com/

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