Same-sex marriage in New Jersey

Same-sex marriage (SSM) in the future?

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Earlier information about the case

Garden State Equality Polls:

Zogby International and Rutgers-Eagleton have conducted a series of public opinion polls on questions relating to same-sex marriage (SSM) among adults in New Jersey. Results show a gradual lessening of opposition to SSM:

There appears to be a consistent difference between the results of the Zogby and Rutgers-Eagleton polling companies. _1,2 This is probably due to the specific wording of the questions asked.

The Zogby results, for 2006-FEB, showed:

	68% of Jews favor marriage equality, as do
	67% of Democrats
	62% of Independents
	60% of Catholics.

The 60% support among Roman Catholics is particularly notable because the church hierarchy is one of the main opponents of SSM.

Also:

	67% of New Jersey voters oppose a constitutional amendment to ban SSM;
	28% are in favor of a ban.

Steven Goldstein, chairperson of Garden State Equality said:

"If marriage equality prevails at the state Supreme Court and national anti-gay activists think of coming here, they will meet their Waterloo. New Jersey marches to a different drummer and the beat of equality. New Jersey is the state that doesn't hate."

A Zogby poll in 2006-DEC showed that 65% of New Jersey adults believe that same-sex marriage is inevitable, while only 28 percent do not. ₃

2007-FEB-19: The next step: call same-sex unions marriage:

Those non-profits in New Jersey who promote equality for persons of all sexual orientations generally regard the civil union law as a good first step. However, their goal was, is now, and will continue to be full marriage equality. This is available in a few other U.S. states, in Canada and in a growing number of other countries.

Shortly after midnight on the day that the civil union law came into force, Steven Goldstein, chairperson of Garden State Equality, "civil unionized" his partner, Daniel Gross, in the Teaneck office of State Senator Loretta Weinberg. Their civil union ceremony contained an unusual vow. Rabbi Elliott Tepperman, the officiator, asked:

"Do you, Daniel, vow to continue fighting for true marriage equality, so that couples like you can legally marry in the state of New Jersey one day soon?"

Gross and Goldstein said "I do."

At 11 AM that morning, they were in Iselin, NJ, for a champagne brunch celebrating the new civil union law. On Monday night, they were part of a rally at City Hall in Jersey City helping to launched a campaign to make marriage available to all couples in the state -- both opposite-sex and same-sex.

Goldstein said:

"It's a different experience than straight couples will have. They're able to get married and then don't have to work the next day to win greater recognition for their relationship. Last night was celebrating a step, and today was rolling up our sleeves and getting right back to work." ₄

In theory, Goldstein and Gross did not have to obtain a civil union. They have been together for 14 years and entered a civil union in Vermont in 2002. The state of New Jersey automatically recognized their status. But they felt it was safer to go through the ceremony again. Goldstein said:

"We're scared that if there's an emergency, and someone looks up whether we are civil unionized in New Jersey, who wants to go into an explanation that New Jersey automatically recognizes Vermont unions? It just seems safer to have the piece of paper from New Jersey."

On another occasion, Goldstein told the New York Daily News:

"Civil unions are not marriage. Marriage is the only currency of commitment the world understands." ₅

Len Deo, president of the New Jersey Family Policy Council, said gay activists are not satisfied with:

"... just getting benefits. What they want is total acceptance of their lifestyle. The only way they can get total acceptance is if they can redefine marriage so that it is no longer gender-specific." ₅

The term "lifestyle" is frequently used in place of "sexual orientation" by religious and social conservatives as it implies both a choice and a behavior. Sexual orientation implies something that is discovered, not chosen, and that is innate -- part of a person's basic nature.

2007-NOV-08: A prediction:

Jennifer Mesko of CitizenLink.com, a fundamentalist Christian advocacy group,  predicted that:

"The New Jersey Legislature is headed toward the creation of same-sex 'marriage' after supporters made significant gains in this week's election. ... the Legislature is set to convene a lame-duck session in which the issue could come up, in spite of the fact that Senate President Richard Codey and Assembly Speaker Joseph Roberts Jr., both Democrats, have said the issue will not be brought up this year." ₆

Mona Passignano, state issues analyst for Focus on the Family Action, said:

"The people of the Garden State and of this nation need to be prepared if the Legislature attempts to pass same-sex 'marriage' before the end of the year. If pro-marriage advocates will be willing to speak up when the time comes, they can make a difference." ₆

The term "pro-marriage advocates" is an evangelical Christian term to describe individuals and groups who are opposed to marriage equality. That is they work to prevent the marriage of same-sex couples. They often enclose the word marriage in quotation marks when it refers to SSM. This is to indicate that they reject SSM as being in any way equivalent to opposite-sex marriage. Sometimes, they use the term "counterfeit marriage" to refer to SSM

2008-DEC-10: Panel recommends SSM for New Jersey:

The governor, other state officials and stage agencies selected personnel for a 13 person Civil Union Review Commission. They were given the task of evaluating the state's civil union law and making a recommendation.

Their recommendation was unanimous! They concluded that same-sex couples cannot achieve equality with opposite-sex couples if the former's legal status is limited to civil unions. They recommended that New Jersey follow the lead of other states in the Northeast by allowing all loving, committed couples to marry, irrespective of their gender.

After an 18 month investigation, they issued a 79 page report, stating that:

"The Commission finds that the separate categorization established by the Civil Union Act invites and encourages unequal treatment of same-sex couples and their children."

Citing "overwhelming evidence," their report stated that:

"... civil unions will not be recognized by the general public as the equivalent of marriage in New Jersey."

The report described the experiences of some same-sex civil unionized couples in which one partner was denied the health insurance provided to their partners because the provider did not recognize civil unions. There may be situations in which hospitals may not recognize a civil union as granting the right for one same-sex partner to make medical decisions on behalf the other partner. In both cases, these rights are automatically given to opposite-sex married couples.

Joseph Roberts (D), speaker of the Assembly, said:

"Same-sex marriage in New Jersey is only a matter of 'when', not 'if.' The report should spark a renewed sense of purpose and urgency to overcoming one of society's last remaining barriers to full equality for all residents."

Gov. Jon Corzine said the issue should be resolved "sooner rather than later" He noted that civil unions appear to have fostered inequality by creating a separate class of relationships. He said:

"I encourage the legislature to seriously review the commission's report and ... I will sign marriage equality legislation when it reaches my desk."

Assemblyman Michael Doherty, (R) who opposes same-sex marriage, said the issue should be submitted to voters in a ballot. He said:

"The people of New Jersey should decide just like they did in California so that a judge doesn't have to." ₇

This method opens up the possibility that any minority could be deprived of any important civil right -- like the right to marry the person that they love and to whom they wish to give a lifelong commitment -- by a simple vote of 50% of the electorate plus one vote. Some consider this a dangerous precedent.

2009-APR-23: New poll by the Quinnipiac University Polling Institute:

Clay F. Richards, assistant director of the Institute said in a statement:

"Two years after New Jersey's civil union law went into effect, sentiment for allowing same-sex marriage in the state has shifted from six points against to six points in favor."

"Support of the same-sex civil union law has risen dramatically ... support for allowing gay couples to adopt children is nearly 2-1." ₈

Polling results were:

	66% rejected the idea that SSM poses a threat to opposite-sex marriage.
	30% regard SSM as a threat.
	4% were undecided. 8

It seems that most married people do not feel that a same-sex married couple a block or two away from them can have any impact on their own marriage.

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

1. "Garden State Equality-Zogby Poll of New Jersey," 2005-APR, at: http://www.gardenstateequality.org/
2. "News from Garden State Equality," 2006-JUN-23, at: http://eqfed.org/
3. Robert Rakelly, "N.J. governor signs civil unions law - State Supreme Courts in Massachusetts," Seattle Gay News, 2006-DEC, at: http://www.sgn.org/
4. Ruth Padawer & William Lamb, "Gay couple marks milestone, then returns to the campaign," Record, Northern New Jersey, 2007-FEB-20, at: http://www.romingerlegal.com/
5. Pete Winn, "Civil Unions not enough for New Jersey gays," Focus on the Family, 2007-FEB-19, at: http://www.citizenlink.org/
6. Jennifer Mesko, "N.J. hurtles Toward Same-Sex 'Marriage'," CitizenLink, Focus on the Family Action, 2007-NOV-08, at: http://www.citizenlink.org/
7. "Panel says New Jersey should allow gay marriage," Reuters, 2008-DEC-10, at: http://www.reuters.com/
8. "Gay marriage support jumps in New Jersey," On Top Magazine, 2009-APR-23, at: http://ontopmag.com/

Copyright © 2006 to 2009 by Ontario Consultants on Religious Tolerance
Parts originally written: 2009-APR-23
Author: B.A. Robinson

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