The state supreme
court of New Jersey held its first hearing
Wednesday on a same-sex marriage case brought by seven
gay couples seeking marriage licenses. During the
65-minute session in Trenton, five of the seven
justices pointedly questioned lawyers on both sides, The
New York Times reports.
Among the questions lobbed at Lambda Legal
attorney David S. Buckel was whether allowing same-sex
marriage would create a judicial precedent for
polygamy. Buckel replied that the two issues were unrelated
because marriage has already been established as a
union of two people and no more.
Later, Patrick DeAlmeida, assistant attorney
general for the state, said that marriage was
fundamentally a union between two people of the
opposite sex, adding that any changes to that tradition
should occur through the state legislature and not
through the courts.
Yet the court's chief justice, Deborah T.
Poritz, observed that the institution of marriage has
already changed, pointing out that people of different
races are now allowed to marry and that women have gained
more rights. ''What is the state resting this on? Just
that there's been a definition for a long time?''
Poritz asked.
A ruling in the case, Lewis v. Harris, is
not expected for several months. Should the court
decide in favor of the couples, who argue that New
Jersey's constitution gives them the right to marry,
it would make the state the second in the country to grant
full marriage equality behind Massachusetts.
(Advocate.com)