Oct 25, 2006 6:02 am US/Eastern
Q&A About Gay Marriage In N.J.
NEWARK (CBS/AP) ―
On Wednesday, the New Jersey Supreme Court is to release its ruling on whether New Jersey is obligated under the state Constitution to allow same-sex marriages.
Here is a look, in question-and-answer form, at the case's legal issues and implications:
Q: What is the court deciding? A: In the case known as Lewis v. Harris, seven same-sex couples are asking the New Jersey Supreme Court to overturn a 2005 state appellate court ruling that the state Legislature, not the courts, should decide whether to legalize gay marriage.
Q: Doesn't New Jersey already have gay marriage? A: No. Since 2004, the state has allowed domestic partnerships, which give registered same-sex couples some, but not all, of the benefits of marriage. One Asbury Park gay couple obtained a marriage license in that gay-friendly city and held a marriage ceremony in March 2004, but within hours the state deemed the marriage invalid.
Q: What's the state's position in the court case? A: Lawyers from the state are not arguing there's something intrinsically wrong with allowing gay marriage, but rather that it's not the court's role to decide whether it should be allowed.
Q: How does Gov. Jon S. Corzine feel about all this? A: Corzine has said he is opposed to gay marriage, but would abide by whatever the court rules. He said he would not support an amendment to the state Constitution to ban gay marriage.
Q: And what do gay rights advocates say? A: They say that marriage is a right and denying it to same-sex couples amounts to discrimination. Ending such discrimination, they say, is the proper job of the courts.
Q. Who else has a stake in the debate? A: Conservative groups argue that nothing less than the stability of society is at stake. Some say that allowing same-sex marriage would undermine the sanctity of traditional marriage. They also believe children growing up with same-sex parents -- something that already happens in New Jersey -- generally fare worse than those living with their biological mother and father.
Q: Will the court have the final word? A: The issues involved come from the New Jersey Constitution, not the federal Constitution. In this type of case, there can be no appeal to the United States Supreme Court. But there's likely to be political fallout no matter what happens.
Q: What could happen next? A: If gay marriage is allowed, there would almost certainly be a push by some lawmakers to amend the state Constitution to ban same-sex marriages. It is also expected that gay couples from elsewhere would come to New Jersey to get married, then go home and file lawsuits to have their marriages recognized there. If the court does not find the gay couples have a constitutional right to marry, gay rights groups will likely push for a law that would allow gay marriage -- or at least add more rights for same-sex couples.
Q: Isn't domestic partnership enough for gay couples? A: Gay rights groups say it is not. Only with full marriage would there be real equality, they say.
Q: Can't New Jersey gay and lesbian couples get married in Massachusetts? A: No. Massachusetts is the only state to allow gay marriage. But in that state, only couples who are residents may get licenses.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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