Wednesday, October 25, 2006

New Jersey Court Grants Gay Couples Equal Marriage Rights

Saying times have changed, New Jersey's highest court on Wednesday guaranteed gay couples the same rights as married heterosexuals but left it to state lawmakers to decide if such unions can be called marriage.

"Times and attitudes have changed," the New Jersey Supreme Court said in a nuanced 90-page ruling that was neither a clear victory nor a defeat for gay marriage, which is currently legal in the United States only in Massachusetts.

"Despite the rich diversity of this state, the tolerance and goodness of its people, and the many recent advances made by gays and lesbians towards achieving social acceptance and equality under the law, the court cannot find that the right to same-sex marriage is a fundamental right under our constitution," the ruling said.

Stating that gay couples must have the same rights as other couples, the court said gay advocates must now "appeal to their fellow citizens whose voices are heard through their popularly elected representatives."

With that in mind, the court gave the legislature six months to either amend the state's marriage statutes to include gay people, or write a new law in which same-sex couples "would enjoy the rights of civil marriage."

New Jersey's marriage statutes define marriage as being between a man and a woman.

The ruling leaves state lawmakers with two options -- allow gays to marry in the same way as others, or develop a parallel system of unions for same-sex couples. That second option would leave New Jersey with civil unions akin to those in Vermont.

Same-sex marriage has faced legal and political roadblocks in much of the United States and has been a hot-button issue since 2003 when Massachusetts' highest court ruled it was unconstitutional to ban gay marriage, paving the way for America's first same-sex marriages in May 2004.

In the 2004 election, many states had ballot initiatives against gay marriage -- a factor which was credited with boosting the vote for President George W. Bush.

And much is at stake on the issue again in the upcoming elections on November 7. The gay-rights group Human Rights Campaign says voters in eight states will decide on constitutional amendments limiting gay marriage or unions. (Source: Swissinfo)

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