Same-Sex Marriage Ruling - My9 New Jersey

Same-Sex Marriage Ruling

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Trenton, New Jersey (My9NJ) -

On Friday, Superior Court Judge, Mary C. Jacobson ruled in a case involving six same-sex couples. The ruling was that same-sex marriage should be implemented in New Jersey on October 21, 2013.

Governor Christie had vetoed a gay marriage bill in February 2012, saying it shouldn’t be up to him or the legislators to decide; it should be up to the voters.

Now, the voters may not have a say at all due to what some are calling “judicial activism”, which is when a judge goes beyond applying or interpreting the law in order to influence public policy.

Matthew Franck at the Witherspoon Institute explains that Jacobson said there was no precedent for a case like this. “So she reached out to make a new law. And she had to reach into her own feelings about gay marriage to make policy, to make law, rather than interpreting the law that we have.” Franck said.

It seems that the main issue is if federal benefits will redefine marriage, but Franck says that may not be the issue at all.

Jimmy LaSalvia, Co-Founder of GOProud, created his organization for gay conservatives and their allies. He is a self-proclaimed gay, pro-life, social conservative. He believes that everyone should have the chance to get married and be monogamous, including gay people. “I was pleased with the decision.” He said.

Since the United States Supreme Court ruled that the federal government will be recognizing state marriages, it seems that this new case has ruled that civil unions in New Jersey are not the same as marriage. “But this is just one more sign of the inevitability of the issue in New Jersey.” LaSalvia said.

With 35 states in the United States having laws that specify that marriage is between a man and a woman, some do not think this is a sign of same-sex marriage inevitability.

LaSalvia believes otherwise, saying, “Public opinion is moving on this faster than any issue we’ve seen any time across the country. And in New Jersey 60% of voters report supporting same-sex marriage.”

The civil union law in New Jersey gives all the rights and benefits of marriage to New Jersey residents. Len Deo, NJ Family Policy Council President, said, “Now the issue becomes will the federal government recognize it? So here in New Jersey we’ve created civil unions, and we believe that that’s where it should end.”

Deo isn’t the only one that believes that. “Congressman Rush Holt also believes that. And he introduced legislation in the congress that would force the federal government to recognize civil unions and domestic partnership benefits.” He said.

LaSalvia thinks that this is the beginning of a same-sex marriage movement. “The political reality is that the majority of Americans, the majority in the state of New Jersey think that anti-gay conservatives are wrong on this issue.” He said.

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