TRENTON, N.J. - In a move that supporters called a civil rights
milestone, New Jersey's state Senate on Monday passed a bill to
recognize same-sex marriages, marking the first time state lawmakers
officially endorsed the idea – despite the promise of a veto by Gov.
Chris Christie.
Monday's vote was 24-16 in favor of the bill, a major swing from January 2010, when the Senate rejected it 20-14.
"It means the world isn't changing, it means the world has
already changed," Steven Goldstein, chairman of the gay rights group
Garden State Equality said after the vote. "So wake up and smell the
equality."
Before the vote, Marsha Shapiro squeezed the hand of her longtime
partner Louise Walpin, and reflected on how a body that rejected gay
marriage two years ago was about to change its stance. "The pride will
overpower the sorrow," she said.
But opponents say it's "an exercise in futility" even if the Assembly
passes the bill Thursday as expected, given Christie's veto vow.
Len Deo, president of New Jersey Family Policy Council, called the
vote "something we have to go through" and said it would be made moot
with a veto.
While New Jersey differs from most states in that it has no law or
state constitutional amendment banning gay marriage, neither its court
nor lawmakers have allowed gay nuptials. Seven states and Washington,
D.C., allow gay marriage. Washington state joined the list Monday when
Gov. Christine Gregoire signed a same-sex marriage law.
In 2006, the New Jersey's Supreme Court ruled that the state had to
give the legal protections of marriage to committed gay and lesbian
couples, but that it need not call those protections marriage.
Lawmakers responded by creating civil unions rather than marriage.
Gay rights advocates say civil unions have not provided true
equality. They complain that they set up a separate and inherently
unequal classification for gays – something social conservatives
dispute.
Seven gay couples, along with several of their children, filed a
lawsuit last year to try to get the court to order gay nuptials be
allowed.
In the meantime, Democratic leaders in the Legislature are trying to do the same thing by passing a law.
When the Senate last voted on gay marriage two years ago, just before
Gov. Jon Corzine, a Democrat who supported the measure, left office,
several last-minute defections killed the bill. With the arrival of
Republican Gov. Chris Christie, who spoke against gay marriage when
asked about it during his campaign, advocates' hopes dimmed.
But the bill returned this year after Senate President Stephen
Sweeney, a Democrat from Deptford, declared that it was a mistake for
him to abstain on the 2010 bill. He vowed to make legalizing gay
marriage a priority this year.
Christie last month said he'd veto the legislation if it passed.
Christie said that such a fundamental change should be up to a vote of
the people, and he has called for a referendum on the issue.
Democratic leaders say they will not allow a vote, arguing that a
majority of the people should not be entrusted with deciding whether to
protect a minority.
Instead, gay-rights supporters are hopeful that they can get enough
lawmakers on their side to override Christie's expected veto.
It would take two-thirds of both chambers of the Legislature and
would have to happen by the time the current legislative session ends in
January 2014.
Sweeney said he knows which senators he'll try to persuade but won't name them publicly.
Sen. Raymond Lesniak, a Democrat from Elizabeth, said that if all
lawmakers voted their conscience and didn't cave to political pressure,
there would be enough Senate votes now to override a veto. And he said
that some lawmakers could switch positions, partly because of the
influence of gay friends or family. "You never know who's going to
forward – a daughter, a son, a neighbor of significant meaning of a
senator or assemblyperson – and change a mind," he said.
Two Democrats voted no and two voted yes in what was otherwise a party-line vote.
"It is my opinion that our republic was established to guarantee
liberty to all people," said Jennifer Beck, a Republican from Red Bank
who voted yes. "It is our role to protect all of the people who live in
our state."
Sen. Gerald Cardinale, a Republican from Demarest, was the only senator
to speak against the bill, saying allowing gays to marry goes against
nature and history. "This bill simply panders to well-financed pressure
groups and is not in the public interest," he said.