Wednesday, October 25, 2006

Hardly Radical...

"The State does not argue that limiting marriage to the union of a man and a woman is needed to encourage procreation or to create the optimal living environment for children. Other than sustaining the traditional definition of marriage, which is not implicated in this discussion, the State has not articulated any legitimate public need for depriving committed same-sex couples of the host of benefits and privileges that are afforded to married heterosexual couples. There is, on the one hand, no rational basis for giving gays and lesbians full civil rights as individuals while, on the other hand, giving them an incomplete set of rights when they enter into committed same sex relationships. To the extent that families are strengthened by encouraging monogamous relationships, whether heterosexual or homosexual, the Court cannot discern a public need that would justify the legal disabilities that now afflict same-sex domestic partnerships."

The above is an excerpt from today's NJ Supreme Court decision in Mark Lewis and Dennis Winslow, et al. v. Gwendolyn L. Harris, etc., et al., recognizing a right to same sex unions, the full text of which is available here. The summary on pages 1-2 give a succinct overview of the court's legal reasoning.

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