Supporters Seek to Make Same-Sex Marriages the Letter of the Law

Hundreds of same-sex couples have gotten married in New Jersey since October, when a New Jersey court ruled that the state’s civil union law violated the New Jersey Constitution’s equal protection clause. But it is unclear when -- or if -- the state Legislature will codify the lower-court ruling that set those marriages in motion. Because marriage rights were conferred by Mercer County Superior Court Judge Mary Jacobson and not the state Supreme Court, there are concerns that the ruling could be vulnerable down the road should federal law change or Gov. Chris Christie be successful in remaking the state’s high court.

Advocates for marriage equality, however, are making it clear that they want a clean bill -- meaning one that does not create new exemptions for those who are not supportive of gay marriage. For instance, they are concerned that a bill could be compromised by making exceptions for religiously affiliated groups.

Garden State Equality, one of the plaintiffs in the litigation that resulted in Jacobsen’s ruling, together with the Lambda Legal Defense Fund, which represented the couples in the case, pushed state Sens. Loretta Weinberg (D-Bergen) and Raymond Lesniak (D- Union) to pull legislation -- S-3109 -- from consideration on Monday. The bill, which essentially updated legislation vetoed in 2012 by Gov. Chris Christie, would have codified Jacobson’s ruling and allowed existing civil unions to become marriages, while also creating a broad exemption for religious groups.

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