NJ Supreme Court: Same-Sex Couples Entitled to Equal Rights

New Jersey is one of only five states without either a law or a state constitutional amendment barring same-sex marriage. Because of that, many people have believed that New Jersey will eventually decide to allow same-sex marriages. The state's Supreme Court, in a ruling Wednesday, took a step toward bringing the issue to the forefront for a decision by the legislature.

In a case brought by seven same-sex couples who have been in permanent committed relationships for more than 10 years, each of the couples wants to get married and take advantage of the legal, financial, and social benefits that marriage affords. Each couple had been denied marriage licenses in their local municipalities, so they turned to the Supreme Court to challenge the constitutionality of the state's marriage statutes.

By a narrow vote of 4 to 3, the justices ruled that same-sex couples are entitled to the same rights as heterosexuals in New Jersey, but the court did not address the issue of gay marriage, saying that such decision is the responsibility of the legislature, not a constitutional issue.

In his ruling, Justice Barry T. Albin wrote, "Although plaintiffs rely on the federal cases to support the argument that they have a fundamental right to marry under our State Constitution, those cases fall far short of establishing a fundamental right to same-sex marriage 'deeply rooted in the traditions, history, and conscience of the people of this State.'"

Saying that times and attitudes have changed since New Jersey's marriage laws were enacted in 1912, Justice Albin further clarified the fact that although the court was ruling in favor of same-sex couples having equal rights, the ruling does not pave the way for legalizing same-sex marriage. "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," Albin wrote, "the Court cannot find that the right to same-sex marriage is a fundamental right under our constitution."

The only state that currently legally recognizes same-sex marriages is Massachusetts, but state law bars out-of-state couples from marrying there if their marriages would not be recognized in their home states. The 2003 ruling in Massachusetts led dozens of states to pass constitutional amendments defining marriage as being only between a man and a woman. A similar federal amendment has been debated, but has not passed Congress.