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TRENTON (AP) ― The battle over gay marriage reached New Jersey's Supreme Court on Wednesday, with justices grilling lawyers
about why the state should prevent homosexual couples from marrying and questioning whether expanding such rights could lead to the recognition of polygamous unions.

The arguments came in the case known as Lewis v. Harris, in which seven longtime gay couples sued the state in 2002, claiming the state Constitution affords them the right to marry.

Nationally, only Massachusetts allows gay marriage. Two other states -- Hawaii and Vermont -- have ever found that homosexual couples have constitutional rights to the same legal treatment as straight couples.

While conservative groups filed documents with the New Jersey court contending that allowing same-sex marriage would harm society, state Deputy Attorney General Patrick DeAlmeida said it is the job of elected lawmakers, not a panel of judges, to decide the issue.

"To allow same-sex couples to marry would not be removing a barrier to marriage, but redefining marriage itself," he told the seven-member court.

DeAlmeida fielded the brunt of the judges' questions, including what might be protected by preventing same-sex marriage in New Jersey, one of 16 states where it's specifically illegal to discriminate based on sexual orientation. The state also has no legal barriers for same-sex couples to adopt children and recognizes domestic partnerships, although those do not offer all the legal protections of marriage.

"The Legislature has an interest in protecting the institution of marriage," DeAlmeida responded.

Chief Justice Deborah T. Poritz retorted, "It's not as if the institution of marriage hasn't changed in rather dramatic ways."

David Buckell, attorney for the seven couples, talked about the personal stories of some of his clients.

"How do plaintiffs answer their children's questions about why they are not married?" he said. "The only answer is that the state does not think their relationships are worthy."

But he also took some tough questions during the hour-long hearing.

Associate Justice Jaynee LaVecchia asked him whether changing marriage rules would then open the door for people who may advocate for polygamy.

Buckell responded that marrying multiple partners is a different subject because it would introduce new issues, such as how divorce would work.

"You seem to be arguing that because it's complicated with polygamy" there's a legal difference, Poritz said, cautioning the lawyer to tread gingerly with his contention.

Lawyers on both sides of the issue said it was impossible to read into the judge's questions which way the court might be leaning. The court is not expected to issue a decision for months.

Nevertheless, gay rights leaders said afterward that they were close to declaring victory.

"There is nothing like knowing that you're close to a win," said Alicia Toby-Heath, one of the plaintiffs. "There's nothing
like knowing your life matters in a world that so often says it doesn't."

Len Deo, president of the New Jersey Family Policy Council, which opposes same-sex marriage, noted that the plaintiffs were also upbeat about lower court arguments and ultimately lost. He pointed out that the judges asked about issues raised in friend-of-the-court briefs submitted by advocacy groups like his and asked whether gay marriage would hurt married, straight couples and their children.

Both supporters and opponents of gay marriage held rallies Wednesday outside the building housing the high court. Proponents waved banners and sang "We Shall Overcome," while the opponents prayed and sang "God Bless America."

New Jersey has been a battleground before in the gay-marriage issue.

In March 2004, the city of Asbury Park began issuing marriage licenses to same-sex couples. Only one couple married before the state forced the end of the licenses. State officials have said that marriage is not valid.

(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)