Same Sex Nuptials Are Now Certain To Remain Legal in New Jersey
Kissing Brides, Heather Jensen and Amy Quinn, an Asbury Park Councilwoman, celebrate their marriage shortly after midnight this morning. facebook photo
Given the State Supreme Court’s signal that the Christie administration would not prevail in its appeal of Superior Court Judge Mary Jacobson’s decision compelling the State to grant same sex couples the same marriage rights as heterosexual couples, Governor Chris Christie withdrew his appeal today, the first day that gay couples can wed in New Jersey under Jacobson’s order and the Supreme Court’s refusal to stay that order.
“Although the governor strongly disagrees with the court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the court has now spoken clearly as to their view of the New Jersey constitution and, therefore, same-sex marriage is the law,” said Colin Reed, a spokesman for Christie. “The governor will do his constitutional duty and ensure his administration enforces the law as dictated by the New Jersey Supreme Court.”
State Senator Mike Doherty issued a statement condemning Christie for caving to the activist judiciary.
While New Jersey’s gay community is understandably encouraged by the recent Superior Court decision declaring a prohibition on same-sex marriage unconstitutional, the cold reality is that the stronger hand is still held by its chief opponent, Gov.…
TRENTON — Gov. Chris Christie’s administration said it will seek to delay the Oct. 21 start date for same-sex marriages in New Jersey and is asking the state Supreme Court to fast-track an appeal in the case, according to a letter sent to the justices…
Governor Christie’s press office just issued the following statement:
“Governor Christie has always maintained that he would abide by the will of the voters on the issue of marriage equality and called for it to be on the ballot this Election Day. Since the legislature refused to allow the people to decide expeditiously, we will let the Supreme Court make this constitutional determination.”
Today’s decision requiring the state to officiate same-sex marriages was made by Superior Court Judge Mary Jacobson sitting in Mercer County. In order for the Supreme Court to decide the constitutionality the issue, Jacobson’s ruling will have to be appealed.
A Superior Court Judge in Mercer County ruled that New Jersey officials must begin officiating same sex marriages by October 21, according to a report in The Star Ledger.
Superior Court Judge Mary Jacobson granted an emergency request by six gay couples, ordering state officials to begin officiating same-sex marriages on Oct. 21.
“The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New Jersey in a wide range of contexts,” she wrote.
For example, the judge said, “civil union partners who are federal employees living in New Jersey are ineligible for marital rights with regard to the federal pension system, all civil union partners who are employees working for businesses to which the Family and Medical Leave Act applies may not rely on its statutory protections for spouses, and civil union couples may not access the federal tax benefits that married couples enjoy.”
Jacobson was asked to square the U.S. Supreme Court’s ruling in June striking down the Defense of Marriage Act with New Jersey’s own legal precedents.
Governor Christie’s press office declined to say, on the phone, if Judge Jacobson’s decision would be appealed. They said a statement might be emailed to the press later today. UPDATE: The Christie administration will appeal Jacobson’s ruling.
TRENTON — Under the din of a bustling election season, there’s a quiet movement afoot to make gay marriage a reality in New Jersey by the end of the year. Advocates have been working to convince state lawmakers — including a number of Republicans…
Various news sources are reporting that Assemblyman Declan O’Scanlon (R-Monmouth) has “broken with Governor Christie” over the issue of same sex marriage.
The news reports are inaccurate.
O’Scanlon was never “with” Governor Christie on the same sex marriage issue. He’s been on the record as favoring the Marriage Equality and Religious Exemptions Act since February of 2012 when the bill passed both houses of the legislature and was vetoed by Christie.
O’Scanlon was absent from the February 2012 vote because he was attending Senator Jennifer Beck’s wedding in Jamaica. Upon his return to New Jersey, he told triCityNews that he would have voted for the bill had he been present and that he would vote to override Christie’s veto if it ever comes up for a vote.
triCityNews is not published online. Publisher Dan Jacobson verified my recollection of O’Scanlon’s quotes on the phone this evening.
The issue is in the news again because marriage equality advocates have been in Trenton this week lobbying for an override of Christie’s veto before the end of the legislative session in January.
The Marriage Equality and Religious Exemptions Act passed the Senate with a vote of 24-16 and the Assembly by 42-33, with 5 Assembly members, including O’Scanlon and Mary Pat Angelini not voting. An override requires a 2/3 affirmative vote. In order for an override to succeed, the bill needs three additional yes votes in the Senate and 12 yes votes in the Assembly. O’Scanlon and Angelini represent two of the needed yes votes. Republican Assemblywoman Holly Schepisi of Bergen County also didn’t vote in 2012. Schepisi said she would vote to override, leaving the bill needing 9 votes to pass in the Assembly.
If there is a override vote, it probably won’t occur until the “lame duck” session after the November election and before the new legislature takes office in January.
The two candidates competing for the Republican nomination to complete the late U. S. Senator Frank Lautenberg’s term favor same sex marriage being legal.
Reacting to the U. S. Supreme Court’s decision overturning the Defense of Marriage Act, former Bogota Mayor Steve Lonegan said,
“Today’s decision is the unfortunate result of an activist, liberal court that has little respect for the Constitution and our nation’s founding principles. While I believe government should not be in the business of marriage, it is not the Supreme Court’s responsibility to make that decision. Laws should be made by legislatures, not by unelected judges. To do so is a usurpation of our democratic tradition at the heart of this country’s founding.”
I wonder if Lonegan would have called the decision “unfortunate” if the Court ruled that the government should not be in the business of marriage.
UPDATE A few readers have mentioned that Lonegan’s statement does not make it clear that he favors marriage equality. Here it is: While I believe government should not be in the business of marriage ….
If government doesn’t regulate marriage and who can get married, than same sex couples can be married.
Dr. Alieta Eck said,
“While I personally believe that traditional marriage is an important institution to defend, the Supreme Court was correct in rejecting a federal attempt to define it. Marriage is a religious institution. There was a time when the general consensus agreed with organized religion, but those times have passed. We must never abandon the Constitution in guarding equal protection and free association under the law.”
The four candidates competing for the Democratic Senate nomination, Newark Mayor Cory Booker, Congressman Frank Pallone, Congressman Rush Holt and Assembly Speaker Sheila Oliver also support marriage equality.
The Democratic and Republican nominations for Senate will be decided in special primaries to be held on August 13. The new senator will be elected in a special election to be held on October 16.
NJ Media trips over itself to give the Senate President cover
Photo credit: nomblog.com
Senate President Steve Sweeney referred to Assemblyman Jason O’Donnell, Barbara Buono’s choice to be the new Democratic State Chairman, as “Cryan’s beard” yesterday while condemning the choice as divisive. Buono is the presumptive Democratic gubernatorial nominee. By tradition the gubernatorial nominee of both parties chooses the state chairman of the party. Cryan is former Democratic State Chairman, Assemblyman Joe Cryan.
“Beard” is a slang term for a person, most often a woman, who is used, knowingly or unknowingly, as a date or spouse to conceal their ‘partner’s’ homosexuality.
Can you imagine the media outcry if Governor Chris Christie or another prominent Republican denounced an advisory as a beard?
Partisan control preference of State Legislature narrows
Support for same-sex marriage grows strongly
New Jersey voters’ affections for Governor Chris Christie are not waning, according to a Quinnipiac Poll released this morning.
70% approve of the Christie’s job performance, including 48% of Democrats. 66% think he deserves to be reelected. Democrats narrowly side with reelecting the governor, 44%-43% with 13% unsure or not answering.
The 13% of unsure Democrats may not know who Barbara Buono is. “Corzine’s Budget Chair,” as Christie refers to the presumed Democratic gubernatorial nominee on the stump, is unknown by 79% of the electorate, including 79% of Democrats. Of the 20% who know of Buono, only half view her favorably. Buono’s name recognition ticked up 4 points since Q’s February poll when only half of the then 16% of voters viewed her favorably. If this trend continues through November, Buono will be known by 56% of the voters, 28% of whom will view her unfavorably.
If the election were held today, Christie would win, 60%-25%.
41% think Christie would make a good president. 44% think he would not make a good president. 15% are unsure. 46% would like to see him run for president in 2016, 47% would rather he did not.
On the question of which party should control the State Legislature, the Democrats still win, but the trend has been moving towards the Republican Party since November. Currently 43% favor Democratic control, 42% favor Republican control and 15% are not sure.
Support for same-sex marriage in New Jersey has grown strongly since last May when 53% told Quinnipiac they favored it and 42% opposed it. In today’s poll, 60% favor same-sex marriage and 30% oppose.
