NJ AG Defends Marriage Ban
September 3, 2004
TRENTON, N.J. — The Attorney General's Office defended the state's ban on same-sex marriage in legal papers filed late Thursday, reiterating its position that New Jersey's Constitution does not permit gay unions and that the power to change the definition of marriage rests with the Legislature, not the courts.
The state's 60-page brief, filed with the Appellate Division of Superior Court, challenges a a civil lawsuit by seven same-sex couples and supported by the national civil rights organization Lambda Legal seeking the right for gay and lesbian couples to wed.
Both sides have said they will appeal the case to the state Supreme Court.
Our response continues to be that the courts have a traditional role to play to assess whether lines that the Legislature draws _ in this case to exclude a class of citizens _ are constitutional or not, said Gary Buseck, legal director at Lambda Legal in New York. The courts are to answer these questions no matter how controversial they are.
A spokesman for the Attorney General's Office said there would be no comment beyond what's contained in the brief.
According to the state's filing, society understands marriage as a union between people of different genders. Lambda Legal is asking the court to redefine the term marriage, the state says.
The couples, however, claim they are being denied rights that flow from marriage such as health insurance, tax benefits and education financing. They say New Jersey's domestic partnership law does not go far enough.
New Jersey has a wonderful law ensuring domestic partnership benefits and the governor fought hard for it, said Micah Rasmussen, a spokesman for Gov. James E. McGreevey. We think that it goes a long way toward providing for equal rights to all citizens in New Jersey.
Last November, Superior Court Judge Linda R. Feinberg rejected the suit and Lambda Legal appealed.
The city of Asbury Park joined the plaintiffs as an intervenor in the suit, Lewis v. Harris. Gay marriage became a hot topic there in March when two men were granted a marriage license and tied the knot in a City Hall ceremony.
It was the first same-sex wedding ever in New Jersey. The city issued 16 licenses for similar ceremonies in the days after that, but backed down after state Attorney General Peter Harvey told city officials to stop issuing licenses.
The city then retained a lawyer to challenge the gay marriage ban. The lawyer, Douglas Eakeley, is working pro bono.
The state's domestic partnership law, passed this year, grants some legal rights to same-sex partners, such as the right for such couples to make medical decisions for each other.
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