New Jersey High Court Dictates Same-Sex Marriage By Whatever Name
TUPELO, Mississippi, October 25, 2006 - Acknowledging
that it could not find that same-sex marriage is
a fundamental right under the state’s constitution,
the New Jersey Supreme Court today nonetheless ordered
the state legislature to amend the state marriage
statutes or otherwise enact a statutory structure
within 180 days that provides “every statutory
right and benefit of marriage”.
Relying upon “changing social mores and values,” the
court held that the state constitution’s equal
protection clause entitled same-sex couples the same
rights and benefits afforded to married heterosexual
couples. Declining, however, to determine that same-sex
couples be allowed to marry, the court instead ordered
the state legislature to confer the same rights and
benefits on same-sex couples as heterosexual couples,
whether through formal marriage or some other statutory
structure.
“The New Jersey Supreme Court today effectively
establishes legislative policy and leaves only to
the New Jersey legislature to give it a formal name,” stated
Bruce W. Green, Vice-President for Law & Policy
at the American Family Association. “While
issuing its decision in the context of a legal proceeding,
the court runs afoul of the separation of powers
doctrine by ordering the state’s legislative
body to obey its commands. Give same-sex couples ‘marriage’ by
whatever name you choose, but give it to them within
180 days,” added Green.
# # #
FOR MORE INFORMATION:
American Family Association
P.O. Drawer 2440
Tupelo, MS 38803
Web site: www.afa.net
TUPELO, Mississippi, October 25, 2006 - Acknowledging that it could not find that same-sex marriage is a fundamental right under the state’s constitution, the New Jersey Supreme Court today nonetheless ordered the state legislature to amend the state marriage statutes or otherwise enact a statutory structure within 180 days that provides “every statutory right and benefit of marriage”.
Relying upon “changing social mores and values,” the court held that the state constitution’s equal protection clause entitled same-sex couples the same rights and benefits afforded to married heterosexual couples. Declining, however, to determine that same-sex couples be allowed to marry, the court instead ordered the state legislature to confer the same rights and benefits on same-sex couples as heterosexual couples, whether through formal marriage or some other statutory structure.
“The New Jersey Supreme Court today effectively establishes legislative policy and leaves only to the New Jersey legislature to give it a formal name,” stated Bruce W. Green, Vice-President for Law & Policy at the American Family Association. “While issuing its decision in the context of a legal proceeding, the court runs afoul of the separation of powers doctrine by ordering the state’s legislative body to obey its commands. Give same-sex couples ‘marriage’ by whatever name you choose, but give it to them within 180 days,” added Green.
# # #
FOR MORE INFORMATION:
American Family Association
P.O. Drawer 2440
Tupelo, MS 38803
Web site: www.afa.net