The New Jersey Supreme Court unanimously ruled today that gay and lesbian couples are entitled to the SAME legal rights as heterosexual couples. They stopped short of requiring the legal recognition of same-sex marriages, however, and gave the NJ legislature 180 days to either legalize marriage or offer an alternative like "civil unions" that would give the same rights as marriage. Three of the seven justices favored marriage, but the other four held out for civil unions.
I don't really understand why the courts, and a majority of the public, agrees that gays and lesbians should have the same "legal rights" as married couples, but they cannot accept gay "marriage." Sounds like the old "separate but equal" attempt to have it both ways.
Personally, I think "gay marriage" is a political loser for the next decade at least, and the LGBT movement should maybe focus on getting "civil unions" in every state and after the public and political leaders get used to the idea of "equal rights" for gay couples, then challenge the "separate but equal" argument in court and either force governments and the public to go with "marriage equality" or "civil unions" for gay and straight couples--pick one or the other. Even though it will take more time, I think this gradual approach to "marriage equality" would give the public and political leaders some time to accept gay marriage, and it will take away the right-wing's major election issue in the short run, which is hurting the Democratic Party.
Even Republicans seem to be embracing the "civil unions" and the need for "equal rights" for gay couples, including GEORGE W. BUSH, who endorsed civil unions back in 2004!
The anti-gay right will use the MA and NJ decisions on gay marriage/civil unions to press for the passage of anti-gay amendments like Amendment 1 in Tennessee. The ruling could be a set-back for gay marriage advocates fighting anti-gay marriage amendments, since it underscores the fact that in many states the courts are likely to follow the precedence of MA, NJ, and VT and require either marriage equality or civil unions for gay couples. But the anti-gay religious/Republican Right should be reminded that the NJ Supreme Court decision is THE SAME POSITION taken by GEORGE W. BUSH! See John Aravosis' post on America Blog:
NJ Supreme Court Decision Adopts the Position of George W. Bush
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Marriage or civil union
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