NJ Advocates Praise Supreme Court DOMA Ruling

Written by Noah Cohen with reporting from Keith Brown, Christopher Sheldon and Edward Van Embden

New Jersey gay rights leaders lauded the Supreme Court’s decision to strike down the Defense of Marriage Act, but said the fight must continue for full equality.

In declaring DOMA unconstitutional, the Supreme Court ruled Wednesday that legally married gay couples can’t be barred from receiving a host of federal benefits, tax breaks and pension benefits, afforded to heterosexual couples. A separate ruling also paved the way for same-sex marriage to become legal in California.

While the decisions were seen as a major victory for gay rights groups, Garden State Equality noted New Jersey law continues to bar same-sex marriage. The group announced it would hold a rally at the statehouse in Trenton on Thursday.

“The fight must go on, and we will continue to fight it until we win,” the group said.

State Senate President Stephen Sweeney and Senate Majority Leader Loretta Weinberg issued a statement calling for New Jersey to allow same-sex marriage.

“This decision marks significant progress in the ongoing fight for civil rights for all Americans. It is a shame that New Jersey stands so far behind the rest of the country and now the Supreme Court on this issue. It is time to finally establish marriage equality here in New Jersey and for those who have worked to obstruct true equality to get out of the way,” the senators said in a joint statement.

Gov. Christie vetoed a gay marriage bill and has suggested letting voters decide on the issue. The Republican governor has drawn criticism from gay rights groups for his record on the issue. Christie’s office did not immediately respond to a request for comment.

State Sen. Barbara Buono, who running against Gov. Chris Christie, said the decision puts the United States “firmly on the right side of history.”

“The Supreme Court’s decision overturning the Defense of Marriage Act (DOMA) is a landmark moment for our country, our values and all those who have waited so many years to see this day. For too long, our gay brothers and sisters were discriminated against under the law simply because of who they loved,” Buono said in a statement.

Both decisions Wednesday came down to a 5-4 vote for the divided Supreme Court.

Justice Anthony Kennedy wrote the majority opinion for the DOMA case, saying the law violated the guarantee of equal protection under the U.S. Constitution.

“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity," Kennedy wrote in the opinion, Reuters reported.

The court’s ruling on California’s case left in place a lower court ruling striking down the state’s Proposition 8, which banned same-sex marriage, the Associated Press reported. The immediate impact was unclear, but The New York Times reported legal analysts believed California would restart marrying gay couples in the coming weeks.

"I am overjoyed for countless gay and lesbian couples whose love and commitment will no longer be classified as unequal to that of their straight counterparts," said Newark Mayor Cory Booker, who is also running for U.S. Senate. "I am also overjoyed for all Americans who now live in a country that is more free and equal than ever before—for truly, the meaning of American citizenship as a whole was elevated today."

Read what South Jerseyans had to say about the Supreme Court's rulings: DOMA Struck Down: South Jersey Reacts.