New Jersey Star Ledger Editorial: Still denied equality

New Jersey Star Ledger Editorial
Still denied equality
Thursday, October 26, 2006

Same-sex couples went from being third-class citizens to second-class in New Jersey two years ago when the state enacted its domestic partnership act, provid ing them most of -- but not all -- the privileges of marriage. The state Supreme Court yesterday timidly upgraded that status to what may be called "second-class-plus."

The high court's action was timid because although justices ruled domestic partners have all the legal privileges of marriage, the majority couldn't bring themselves to grant same-sex unions the moral and emotional legitimacy that the "M" word provides.

The ruling says that al though the state constitution requires that same-sex couples receive fully equal treatment when it comes to health, adoption and other benefits, that same constitution doesn't grant gay couples the legal right to define their union as a "marriage."

Justice Barry Albin, joined by Justices Jaynee LaVecchia, John Wallace Jr. and Roberto Rivera-Soto, finely crafted legal arguments to justify this everything-but-marriage stance. The court said the "claimed right to the name of marriage is surely not the same now that equal rights and benefits must be conferred."

But this ruling still comes up short practically and morally.

The three dissenters -- Chief Justice Deborah Poritz and Justices Virginia Long and James Zazzali -- had a more just and realistic view.

Those three justices properly recognized that what's in a name is important whether the subject is marriage, race, religion, gender or sexual preference. The simple act of being able to say "We're married" bestows an emotional dignity, clarity and security that transcend discussions about legal benefits.

Albin and the majority tried to duck this very important point. They noted that same- sex couples are free to call their unions whatever they wish, including marriages.

That still isn't the same as formal, official recognition of the term and the deep symbolism it encompasses.

The court stepped into this argument because the Legislature failed to act, and the court yesterday left it up to the Legislature to go further. It said the Legislature was the proper forum to decide whether the traditional definition of marriage should be expanded be yond the union of a man and a woman.

Lawmakers should do just that. The Legislature should pass and Gov. Jon Corzine should sign into law a measure changing the legal definition of marriage to include same-sex couples.

Conservatives in other parts of the country undoubtedly will foretell the doom of the nation. Senators and Assembly members needn't worry. The public, in New Jersey at least, is ready to recognize that same-sex couples deserve marriage in name as well as in fact.