FollowUp 10: NJ Democrats Call for Marriage Equality

Breaking News from Garden State Equality and Lambda Legal:

In our marriage equality case Garden State Equality v Dow, in which Garden State Equality and seven couples are represented by Lambda Legal and the Gibbons law firm, the state trial court has reinstated our claim of federal equal protection. 

The court had already upheld our claim of state equal protection.   So now our case will be heard on both state and federal constitutional grounds. 

It's a happy day as we pursue all roads to justice, marriage equality in the courts and marriage equality via an override in the state legislature.  

Best,
Steven Goldstein
Chair, Garden State Equality

This is very good news.  It is not yet on the Lambda Legal website.  It is my opinion that the federal grounds are far more important.  Until there is marriage equality that is portable from state to state and recognized for federal purposes, we are not equal citizens.

Update 28 February 2012:  On 21 February, Lambda Legal put this on their website:

(Trenton, February 21, 2012) – In response to the plaintiff’s request for reconsideration, a New Jersey Superior Court today reinstated the federal equal protection claim in Lambda Legal’s case seeking marriage equality on behalf of Garden State Equality and seven same-sex couples and their children harmed by the state’s unequal civil union system.

 There is also commentary from Lambda Legal.

 "We are pleased that the New Jersey Superior Court will allow us to show how civil unions fail to provide to same-sex couples the equality promised by both the New Jersey Constitution and the 14th Amendment of the U.S. Constitution," said Jon Davidson, Legal Director at Lambda Legal. "Having both a state and federal equal protection claim will only make our case stronger. We look forward to presenting a complete record of the discrimination that New Jersey’s same-sex couples and their children face because of their relegation to civil unions rather than marriage."

"Civil union consigns New Jersey’s same-sex couples to second-class status and it continues to harm families. New Jersey’s exclusion interferes during medical crises, leads to the denial of health insurance, and contributes to discrimination even in funeral homes. These families need marriage equality and should not have to live with a law that treats them as inferior," Davidson continued.

9 January 2012, Original Pedantic Political Ponderings post.

25 January 2012, FollowUp 1.

26 January 2012, FollowUp 2.

28 January 2012, FollowUp 3.

30 January 2012, FollowUp 4.

31 January 2012, FollowUp 5.

3 February 2012, FollowUp 6.

10 February 2012, FollowUp 7.

13 February 2012, FollowUp 8.

18 February 2012, FollowUp 9.

Praise: Cory Booker on Civil Rights

Stephen Goldstein of Garden State Equality said, in an e-mail today,

Immediately after you watch the video, please share it with everyone you know.   I was so excited, I had to transcribe the text of the Mayor's remarks for you myself - see below.  And what the heck, if the spirit moves you to donate to Garden State Equality to help our incredibly exciting campaign for marriage equality, I sure won't stop you.  I'll love you even more, if that's possible, because you're already greatest members in the world.  Visit www.GardenStateEquality.org to donate online.

Mayor Booker: “Dear God, we should not put civil rights issues to a popular vote to be subject to the sentiments and passions of the day. No minority should have their civil rights subject to the passions and sentiments of the majority. This is a fundamental bedrock of what our nation stands for. We have created in our state and refuse to address, and call it like it is, a second class citizenship. Let’s stop the ruse. Jackie Robinson said, every American’s right to first-class citizenship is the most important issue of our time. It is infuriating that we are in the 21st century and we haven’t created equality under the law. I am fundamentally, in every fiber of my being, supportive of equal citizenship for all people in this country. I am tired and exhausted that we have a country able to overcome women having second-class citizenship in this country, Blacks having a second-class citizenship in this country, Latinos having a second-class citizenship in this country, Blacks and whites who wanted to marry have a second-class citizenship in this country. Don’t just point to the Governor – we had the chance to do this under the last Governor, and we didn’t have the courage to stand up and do the right thing. It’s about time we create first-class citizenship for every American, plain and simple. Every New Jerseyan. This should not be a popular vote. This is something we should do now.”

Wonderful press conference.  Thanks to Mr. Goldstein for the link.