As Steven Goldstein remarks at Blue Jersey however, the battle's nowhere near over.
In 2006, the New Jersey Supreme Court told the legislature it could enact marriage or another structure that provides the equal protection of marriage. But the civil union law failed to do that. Too often, civil union couples too often cannot visit loved ones in hospitals, make medical decisions for their partners or receive equal health benefits from employers. Hospitals and employers have treated civil union couples differently because they've been labeled differently. Children have been treated differently at school because their families are labeled differently.
In recent months, including today and at the Senate Judiciary Committee hearing in December, New Jersey legislators publicly recognized these failures. They publicly acknowledged that the civil union law has not provided equal protection. That's important. New Jersey legislators themselves said it. Our opponents in the legislature said it.
In other words, though we didn't achieve our final victory today, we're better positioned than we were a few months ago to win marriage equality. So if you're wondering how we feel, it's complicated. On the one hand, we resent, more than you can imagine, remaining second-class citizens a bit longer. On the other hand, the ball has moved forward. The public record for the courts is mighty, and we're closer than ever to winning.
In 2006, New Jersey enacted an experiment called civil union. In 2010, New Jersey has a mountain of proof that the experiment has failed.
Needless to say, the measure's going back to court, as advocates will argue that the civil unions law has not met the court-mandated definition of equal protection.
Only a matter of time.
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