In response to a lawsuit filed earlier this year by homosexual activists, a New Jersey judge mandated gay marriage be allowed in the state as of Oct. 21.
While New Jersey provides for civil unions between gay partners, superior court judge Mary Jacobson decided that is not good enough.
“Every day that the state does not allow same-sex couples to marry,” her ruling argued, “plaintiffs are being harmed.”
While Gov. Chris Christie has previously spoken out against homosexual marriage, his office has not indicated whether he will appeal Jacobson’s decision.
For those involved in filing the suit, her ruling is a welcome change.
Lawyer Hayley Gorenberg said that Jacobson reaffirmed “the correctness under the constitution of our claims,” classifying prior law as a “deep error.”
While obviously a victory for the state’s homosexual constituency, this decision is contrary to the 2006 opinion of the New Jersey Supreme Court that ruled against requiring same-sex unions to be called marriages.
Illustrating the continual attack on the Tenth Amendment, Jacobson based her ruling on last year’s U.S. Supreme Court overturn of the Defense of Marriage Act. Each state should be free to decide its own policy regarding marriage rather than remain beholden to the whims of ideologues at the federal level. The notion of states rights, after all, is at the heart of the representative republic established by our founders.
Unfortunately, the cultural upheaval prevalent within leftist enclaves on either coast have infiltrated much of the rest of the U.S. New Jersey, for example, is one of just two New England states that has not legalized gay marriage. As such, the pressure to relent was obviously too much for Jacobson.
The uncertainty regarding the definition of the word ‘marriage’ has led many conservatives to advocate governmental disinvolvement in the process.
In coming days, Christie’s resolve will be put to the test. His political aspirations well-publicized, he will face a weighty decision — no pun intended — to either stand by his principles or once again cave to public sentiment for the sake of perceived electability.
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Photo credit: Dave Schumaker (Creative Commons)