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David Buckel, Lambda Legal senior staff attorney
national
N.J. judge dismisses lawsuit to legalize gay marriage
Urges expanded rights for same-sex couples
Published Thursday, 13-Nov-2003 in issue 829
TRENTON, N.J. (AP) — A judge dismissed a lawsuit seeking to legalize gay marriages in New Jersey, but urged state lawmakers to take action that would give same-sex couples rights that other states have already granted.
Superior Court Judge Linda Feinberg ruled there was nothing in the state constitution that guarantees same-sex unions and said the Legislature is the appropriate forum to change marriage laws.
“The court commends the Legislature to carefully examine and consider the expanded rights afforded to same-sex couples in other jurisdictions,” the opinion said.
The lawsuit was filed last year by seven gay couples, among them two Episcopalian pastors. Four of the couples have children.
The Attorney General’s Office had argued that while the state did not doubt the sincerity of gay couples’ relationships, there was nothing in the state constitution that guaranteed their right to marriage. The state also said it was not interfering with the couples’ right to maintain relationships.
Lambda Legal, the advocacy group that argued the case, planned to appeal.
“More than anything, this ruling propels us forward to higher courts where both sides have always known it will be decided,” said David Buckel, Lambda senior staff attorney.
Buckel, however, said he was pleased with the judge’s attempt to get the Legislature involved. “We haven’t seen that before,” he said.
No states have legalized gay marriage and several have specifically banned it, but Vermont allows civil unions between gays, and laws in California and Hawaii extend some economic benefits to same-sex couples. A number of other states also offer some form of benefits. Two Canadian provinces have also legalized gay marriage.
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