Gay Marriage Heads To NJ Supreme Court
by 365Gay.com Newscenter Staff

Posted: June 14, 2005  1:00 pm ET

(Newark, New Jersey) A New Jersey appeals court ruled Tuesday that the state constitution does not require the recognition of same-sex marriage.

The two-to-one decision upholds a lower court ruling from 2003 in which a judge dismissed a suit brought by seven same-sex couples who want to marry. (story)

In today's ruling the majority said that that it is up to the legislature to change marriage laws if same-sex couples are to wed in the Garden State.

But, in a 31 page dissent, Judge Donald G. Collester, Jr. said, "By prohibiting them from a real right to marry, plaintiffs as well as their children suffer the real consequences of being 'different.' While the Domestic Partnership Act gives, at some cost, many, but not all, of the benefits and protections automatically granted to married persons, we have learned after much pain that 'separate but equal' does not substitute for equal rights."

Lambda Legal which represents the seven couples said the ruling will be appealed to the New Jersey Supreme Court.

"We are disappointed but not discouraged," said David Buckel, Director of Lambda Legal's Marriage Project and the lead attorney on the case.

"In cases of this magnitude, much like our landmark victory in U.S. Supreme Court striking down sodomy laws nationwide, losses at the lower court levels are typical and we have seen that the opinion of the dissenting judge often later becomes the law of the land," Buckel said.

Garden State Equality, New Jersey's largest LGBT civil rights group also said it was anxious to have the case heard in the Supreme Court.

“Now that this case is going to the state Supreme Court, we're jubilant to be headed to the super bowl of justice at last," said Garden State Equality chair Steven Goldstein.

One of the couples in the case, Craig Hutchison and Chris Lodewyks, has waited 33 years to get married. Maureen Kilian and Cindy Meneghin, a couple of 30 years, have a twelve-year-old son, Josh, and ten-year-old daughter, Sarah.

Mark Lewis and Dennis Winslow, two Episcopalian pastors from Union City, Hudson County have been a couple for 11 years.  Karen and Marcye Nicholson-McFadden, have been together 15 years and are raising a five-year-old son, Kasey, and two-year-old Maya. Saundra Heath and Alicia Toby, who have been together 14 years are leaders in Newark's Liberation In Truth Unity Fellowship church. Marilyn Maneely and Diane Marini, a southern New Jersey couple have been together for 13 years.  Sarah and Suyin Lael, a 15-year couple, are raising three girls, seven-year-old Zenzali, five-year-old Tenaj and four-year-old Danica.

Massachusetts is the only state in which same-sex couples can marry, but it is limited to residents of the state under a law which is being challenged in that state's Supreme Court.

The issue of same-sex marriage also is working its way to the highest courts in New York and California.