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October 26, 2006

New Jersey Court Ruling A Win For Equal Rights

The New Jersey Supreme Court has ruled that gay couples have the right to equal protection under the law when it comes to our unions.

The New Jersey Supreme Court left the door ajar for the approval of same-sex marriage Wednesday, ruling that gay couples are entitled to rights no different from those of heterosexual couples.

The court gave state legislators 180 days to craft a bill offering same-sex couples the same rights as opposite-sex couples, though it appeared to leave open a choice between calling the status "marriage" or "civil unions."

There is much discussion already about what this means, if it leaves the door open to "seperate but equal", and the fact that it was a "4-3 ruling". I want to discuss each of these in turn.

First, the seperate but equal argument. I can see where this is coming from, but the reality is that the court ruled that gay couples must be granted the exact equal rights and responsibilities as their straight counterparts. The only difference is that it allows for it to be called something different.

I'm okay with this, and I believe that most people are as well. What's important is that we have legal standing with our partners.

I remember the beginning of the AIDS epidemic in our country, when gay partners weeren't allowed to visit their dying companions, and families came in after a death and cleaned out apartments and homes as if the partner didn't exist - all under the law.

As long as the rights are there, I don't care if you call it Civil Union, Domestic Partnership, or Marriage. Just make sure we have the same rights as everyone else.

As for the 4-3 ruling, the newscasts that I watched about this made it sound like it was 4 in favor of marriage and 3 against. That is not the case. It was 4 for "marriage or something else equal" and 3 for "marriage only". The reality is that all seven justices felt that we had equal rights as partners, which is a huge step for us.

Congratulations, New Jersey, on this big step to guarantee the rights of gay citizens under the law.

Posted by Alan at October 26, 2006 04:40 AM