NJ court grants rights to gay couples but stops short of approving gay marriage
October 25, 2006
TRENTON, N.J. – New Jersey’s highest court ruled Wednesday that gay couples are entitled to the same rights as heterosexuals, but that lawmakers must determine whether the state will honor gay marriage or some other form of civil union.
Advocates on both sides of the issue believed New Jersey posed the best chance to become only the second after Massachusetts to legalize gay marriage because its high court has a history of extending civil rights protections.
Instead, the Supreme Court stopped short of fully approving gay marriage and gave lawmakers 180 days to rewrite marriage laws to either include gay couples or create new civil unions.
“The issue is not about the transformation of the traditional definition of marriage, but about the unequal dispensation of benefits and privileges to one of two similarly situated classes of people,” the court said in its 4-3 ruling.
New Jersey lawmakers voted to allow domestic partnerships in 2004, but they have been reluctant to delve into the sensitive issue of marriage.
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Under domestic partnerships, gay couples have some benefits of marriage, such as the right to inherit possessions if there is no will and healthcare coverage for state workers.