"I don’t think that the court can remain silent and take no action if … the result is that [civil unions] benefits are not equal in the protections."For background, read NJ Legislature Defeats Same-sex 'Marriage' and also read Illinois Civil Unions Not Enough; Must Destroy Marriage as well as Homosexual 'Marriage' Not Enough; Next Goal
-- Judge Linda Feinberg, New Jersey Superior Court
UPDATE 1/24/12: NJ governor says he'll veto same-sex "marriage" bill; wants referendum
-- From "Gay Marriage Lawsuit Moving Forward In New Jersey" by Associated Press, posted at WCBS 880 11/4/11
A New Jersey judge says a lawsuit seeking to force the state to recognize gay marriage can go forward.
The hearing was the first in a lawsuit filed in June by seven couples and many of their children. They say the state’s civil unions fall short of creating equality for same-sex couples as ordered by the state Supreme Court five years ago.
The state government had asked that the suit be dismissed.
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From "N.J. judge OKs suit seeking gay marriages over civil unions" by MaryAnn Spoto, The Star-Ledger 11/5/11
Superior Court Assignment Judge Linda Feinberg said same-sex couples don't have a fundamental right to marry, but they should have a chance to prove New Jersey's civil union law does not give them benefits equal to heterosexual married couples.
The state Supreme Court in 2006 said same-sex partners should have the same benefits and rights as married heterosexual couples, but left it up to the Legislature to decide whether that should come through marriage or something else. Lawmakers then enacted a law allowing gay couples to form civil unions.
Assistant Attorney General Robert Lougy argued the state’s civil union law is sound and said couples who feel they have been wronged by hospitals, employers or others can claim they are violating the law.
John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage, said Garden State Equality has gone from the courts to the state Legislature and back to the courts without winning anything. He said there should be a referendum asking New Jersey residents whether they support a constitutional amendment allowing gay marriage.
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