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10/26/2006
New Jersey Constitution has no marriage amendment
Yesterday, the New Jersey Supreme Court went both ways on legalizing gay marriage. With a 4-3 ruling, it stated
- Although we cannot find that a fundamental right to same-sex marriage exists in this state,
- the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state Constitution.
The court gave the state 180 days to rewrite its laws to “either amend the marriage statutes to include same-sex couples or create a parallel statutory structure, which will provide for, on equal terms, the rights and benefits enjoyed and burdens and obligations borne by married couples.” .
The language of the Constitution relied on by New Jersey’s justices is Article I, Paragraph 1’s equal protection guarantee, which is very similar to Article I, Section 1 of Wisconsin’s Constitution. .
Neither the New Jersey Constitution nor the Wisconsin Constitution is specific about the definition of civil marriage. On November 7, Wisconsin voters will have the opportunity to say yes to a constitutional amendment defining civil marriage as one man and one woman. .
Justice Barry Albin wrote for the majority “Our decision today significantly advances the civil rights of gays and lesbians. We have decided that our state Constitution guarantees that every statutory right and benefit conferred to heterosexual couples through civil marriage must be made available to committed same-sex couples.” [emphasis added] .
It seems what a state’s constitution says really does matter.
COMMENTS
In your article you state that we will be able to say yes to a constitutional amendment that will define civil marriage as between one man and one women. That is only partly correct. The second half of the amendment goes on to further define marriage in ways that will have an impact on heterosexual couples. There are credible legal experts who believe that the current structure of the amendment itself may not stand a legal challenge. It is not generally considered good form to combine two seperate issues in a single question. I would be much more like to vote differently if the two issues raised in the amendment were up for a separate vote. The authors of the amendment should have separated the issues thereby avoiding the likely legal challenge.
Bob Pedersen (Thu Oct 26 07:56:15 2006)
It's probably not a good idea to put 2 separate amendments into one but they are related and I simply don't see the legislature wanting to tackle another constitutional amendment very soon.
I have a couple of reasons for wanting this Marriage Act amendment to be passed.
Our state constitution gives us the right to life, liberty and the PURSUIT of happiness. It does not guarantee happiness. There is also a line in there that says, "...deriving just powers from the consent of the governed." Liberal courts are NOT to tell our legislature how to vote and what laws to enact which is, essentially what the New Jersey court has just done.
Equality under the law means different things to different people. I'm still not going to be able to use a men's room, as I'm female. Custom in Wisconsin decrees that I'll use facililties provided for females.That is one, perhaps not so good, example.
BP, you said the second part of the amendment would impact on heterosexual couples. The only ones I can think of are unmarried . If they want the benefits provided by marriage then they should marry. There's nothing standing in their way. Wisconsin no longer recognizes common-law marriage.
There is another, not so well known, reason for passing this amendment.
There is a push in the United States to allow "polyamory" which is group marriage. Polyamorists held a meeting in the southern part of this state within the last 2 months in which part of the discussion dealt with the marriage amendment and its affect on polyamorist marriage.
Gay organizations are behind the "Vote No" push. I'm sure polyamorists are right on their heels. That old slippery slope rears its ugly head.
VOTE 'YES' to the Marriage Act Referen dum.
Char (Thu Oct 26 10:24:06 2006)
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