N.J. Senate panel to take up gay marriage bill

Date: 

Wednesday, December 11, 2013
By Matt Friedman/The Star-Ledger 
on December 10, 2013 at 6:41 PM, updated December 11, 2013 at 7:47 AM
 

TRENTON — Key Senate Democrats are moving forward with a plan to turn a court decision legalizing gay marriage into state law, saying they want to protect same-sex couples from having this right removed by a future court.

The Senate Judiciary Committee on Monday is scheduled to hear a new bill called the Marriage Equality Act, (S3109) which is a slightly modified version of a bill (S1) to legalize gay marriage that Republican Gov. Chris Christie vetoed in 2012.

The measure was posted for a committee vote late today. Sponsors said while they believe this is the best option, the debate isn’t over.

"This is the step we’re taking right now. This is a very fluid situation," said state Sen. Loretta Weinberg (D-Bergen). "It could change."

Gay marriage has been permitted in New Jersey since October, thanks to a Superior Court decision to legalize it. Hours after the weddings began despite efforts to stay the ruling, Christie dropped his appeal. Some advocates have argued for the need to write it into state law, stating that a higher court could overturn the decision if things change.

State Sen. Raymond Lesniak (D-Union), a bill sponsor, said a key factor in Judge Mary Jacobson’s decision to legalize same-sex marriage was that gay couples in civil unions would be denied federal benefits because they were not married. If the federal government gave them benefits, Lesniak said, the rationale for the decision could be undercut, which is why it needs to be written into law.

"No future court can change that decision," Lesniak said.

But other advocates argue that any legislation would curtail rights gay couples have under the judge’s decision by recognizing some religious exemptions.

Troy Stevenson, the executive director of the gay rights group Garden State Equality, said nothing is settled.

Stevenson had spoken in favor of not writing gay marriage into law because the original bill contained restrictions the court decision did not include. Under the original bill, a group affiliated with a religion — such as the Knights of Columbus — would have been allowed to refuse to rent a hall to a gay couple who wanted to be married or have a reception. Under the court decision, that question is not addressed.

"We can’t stand by anything that will have any stronger exemptions or caveat our rights than what we’ve got right now," Stevenson said.

Lesniak said the new bill continues to have an exemption for religious organizations. But he said only church-affiliated groups that use an event space exclusively for their members would be able to turn away gay couples who wish to get married there. Clergy would not be required to perform gay marriages, but proponents say that exemption would be covered under the First Amendment anyway.

"It does not go as far as the bill that the governor vetoed," Lesniak said.

"If you open up your facilities, you can’t discriminate."

The committee agenda says the panel will not hear testimony on the bill because it is similar to the original bill debated extensively last year. To get the bill to Christie, the full Senate and Assembly would have to pass it.

Senate President Stephen Sweeney (D-Gloucester) and a spokesman for Assembly Speaker Sheila Oliver (D-Essex) did not respond to requests for comment.

Christie spokesman Michael Drewniak said, "We will treat it as we do with all bills in the normal course."