UPDATE: They split 4-3, with the dissent saying that there is a fundamental due process right to SSM, and the majority disagreeing. The majority said the Legislature either has to amend the marriage statute to permit SSM or create a civil union statute.
In barely an hour, the New Jersey Supreme Court will release its decision in Lewis v. Harris, the so-called same-sex marriage case. Since oral arguments in February, the seven New Jersey couple, the LGBT community (and I am sure the Fundies) have been waiting anxiously for this ruling. Decisions earlier this year in Washington and New York have been hugely disappointing, if not unexpected, since the breakthrough Mass. decision.
Others have already diared about whether the timing is political (my take is no) or if a positive ruling will hurt the Dems chances across the country on November 7th. My concern is, regardless of the outcome, that we can put his decision IN PERSPECTIVE for ourselves and others, no matter who tries to spin it.
Here are a few facts that I think need to be a part of any media discussion in the coming days:
FACT: This is a New Jersey decision: A New Jersey court interpreting the New Jersey State Constitution. This ruling, whether in favor it or not, will not impact couples in any other state or with the federal government.
FACT: This ruling will have NO impact on the federal Defense of Marriage Act. States will still continue to deny recognition of same-sex unions from other states, and still allow the federal government to deny same-sex spouses social security benefits, etc.
FACT: This decision will unlikely be a partisan one. Four of the seven justices currently on the New Jersey Supreme Court were appointed by a Republican governor; three appointed by a Democratic governor. Any ruling in favor of same-sex marriage will likely require agreement by justices appointed by both parties.
FACT: Both candidates running for U.S. Senate in New Jersey have IDENTICAL positions on this issue. Menendez and Kean have both come out in favor of civil unions, but against same-sex marriage. Today's decision is not likely to change that either.
If we do prevail, I will certainly be pleased that it is another significant, if not small, step toward marriage equality. But for those who disapprove of a ruling in favor of same-sex marriage, and may try to make political hay out of it, we should be prepared to do our utmost to put this event into perspective.