Anyone know the skinny on the New Jersey gay marriage verdict that is supposed to have been publicised?
Regards,
Lee
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Anyone know the skinny on the New Jersey gay marriage verdict that is supposed to have been publicised?
Regards,
Lee
4 to 3 in favor of gay marriage :thumbsup:
Looks like one of two things will happen now, lawmakers will try to get a ban on the books or, NJ will become the capital of American gay marriage :D
In essence, this also means that any same-sex couple can head up to NJ after 72 hours and get married then, come back home and challenge their state to recognize their legal marriage :)
Regards,
Lee
http://www.cnn.com/2006/LAW/10/25/je....ap/index.html
Damn, just a little too late for Vito and Johnny Cakes...
Quote:
Originally Posted by Lee
It is a good thing that the New Jersey Court made this decsion, but gay couples shouldn't go get married and then run back to their home states with lawyers in tow. Getting bullshit laws overturned on a national level is a long and complicated process that requires tactical and strategic planning. Challenging a state constitutional amendment or DOMA in the wrong state will only result in more bad decisions. The process that overturned the racial marriage laws started in California in 1948 and moved from state to state, finally reaching the US Supreme Court in 1967--- almost 20 years later! The good guys in that fight choose the states to do battle in, setting up precedents for the next state, winning at state levels in many jurisdictions before taking a case to the US Supreme Court. Racial segregation was a big topic in the 1960's and it took a lot of educating before the political climate would accept such radical ideas as black men marrying white women without a hanging for a wedding present.
In the gay marriage fight, even though Massachusetts ruled in our favor in 2003 other states failed to follow that lead until New Jersey today. The political climate is changing in our favor, but slowly. In 2004 the fundies were rising to power and steamrolled through every state they could put a constitutional amendment on the ballot.
In the states where we homos won [hawaii, vermont, massachusetts, new jersey] the couples that petitioned for the marriage licenses were carefully selected. Those couples were right out of the Stepford Wives, not Jerry Springer. Two accountants in starched shirts with a home in the suburbs, college degrees, supportive families, adopted children and pillars of the community are much easier for a judge to find ways to be on their side -- as opposed to a couple of young guys that met at the methadone clinic, moved in together the first week, got married the following month and are both "really talented artists that just need a break to get started".
It takes strategic planning and getting bad decisions sets the fight back. Two men in Arizona thought they would go it alone and challenge the law here, only to lose rather unceremoniously but setting up bad precedent in this state. It will take years and many other states ruling in favor of gay marriage before the Arizona Courts would hear a challenge to law they consider settled -- if those two had not fought their losing battle here, maybe the anti-gay law could be challenged in 2010 but now probably not until 2015 or 2020.
I believe the minority that are fighting for their rights will always win over those that want to keep rights from the minority, but court battles must be properly timed and coordinated or bad decisions and decades-long setbacks can occur.
Yeah, poor Vito, huh?Quote:
Originally Posted by LavenderLounge
Actually the scene took place in New Hampshire, but they would have set up housekeeping in Jersey, for sure.
Well I am still happy at the good news. I don't live in Jersey, so it doesn't have a huge impact on me, but two of my best friends, a lesbian couple, do live there and I am sure they are thrilled by the news. At least it is a step in the right direction for equal rights for gays... One day at a time I suppose, we'll take what victories we can get!
i'm happy these days anytime the good guys win - we have so few victories these days that this gave me a feeling of hope i haven't had much recently. i got a tear in my eye for this one, even if they didn't go all the way.
go jersey!!!
I live in South Carolina, so I think I still have some more waiting to do.... It is nice news to hear though :)
Not as long as we do in Texas. In 2004 the voters added an amendment to our state constituion outlawing gay marriage. :(Quote:
Originally Posted by sanityana
Another nice example of federalism and the seperation of powers at work, two things unique to the United States. The Supreme Court has forced the issue onto the legislature where they have the option of creating civil unions as an equal solution. Nicely written.
At least for now, this looks like a very promising step forward on this issue, and hopefully will in the long term enable more states to follow suit.
For gay marriage to come to the United States, it must arrive seperately in each of the fifty states, not to the country "United States" all at once.
Steve