NJ activists prepare to battle for marriage in court

In spite of their recent set-back, LGBT activists in New Jersey continue to push forward with their efforts to extend marriage to same-sex couples

The New Jersey State Senate voted 20-14 earlier this month against a bill that would have allowed gays and lesbians to marry in the Garden State. While many supporters left Trenton devastated, Steven Goldstein, chair and chief executive director of Garden State Equality, reiterated his vow to move forward.

"In no way is this back to the drawing board," he told EDGE. "The community has moved seamlessly and so rapidly towards the next phase, which is winning marriage equality in court. In order to win in a court of law, we have to win in the court of public opinion."

Goldstein's organization continues to work alongside Lambda Legal to mount a legal challenge. The state Supreme Court ruled in 2006 it was unconstitutional to treat same-sex couples differently than their straight couples. Kevin Cathcart, executive director of Lambda Legal, hopes to have similar success in light of the state Senate's vote.

"The requirement to ensure equality for same-sex couples, established by the New Jersey Supreme Court in its decision in our marriage lawsuit in 2006, has not been met," Cathcart said. "There is enormous, heartbreaking evidence that civil unions are not equal to marriage, and we will be going back to the courts in New Jersey to fight for equality. Too many families are at risk. We cannot wait any longer."

In response to the Senate's decision, GSE announced it would withhold financial support from the six Democratic legislators who did not support the measure. According to Goldstein, the lack of campaign contributions will cost future candidates hundreds of thousands of dollars.

"The gay ATM is done," he said in a statement. "In a bigger sense, the progressive ATM is done."

Goldstein told EDGE a lawsuit will most likely be filed sometime next month; and he stressed GSE and its supporters will continue to work tireless until same-sex couples can marry in New Jersey. Reports indicate more than 4,500 people have come to Trenton over the last three months to lobby lawmakers to vote for marriage.

If Lambda Legal and GSE are successful, New Jersey will become the sixth state to legalize marriage for same-sex couples. Doctor Barry Seldes, a professor of political science at Rider University, said he believes nuptials for gays and lesbians are inevitable in New Jersey. He does not think, however, it will pass through legislation.

"I think same-sex marriage will be a reality in New Jersey-not by legislation but by [the Supreme] Court ruling that marriage is a civil right held by all who are of age, competence, and consent," Seldes said. "I think most legislators, at least in the present climate, will shrink from voting affirmatively. Indeed, I think most would rather the issue never come up for a vote."

Michael K. Lavers contributed to this story.