NJ COURT UPHOLDS TRADITIONAL MARRIAGE

Trenton, N.J. - The New Jersey Appellate Division upheld the traditional definition of marriage, rejecting arguments that the marriage laws violated state guarantees of privacy and equal protection. The decision is firmly grounded in the concept that our government consists of three co-equal branches, with the judiciary required to give appropriate deference to legislative decisions. For that reason, the New Jersey court criticized the Goodridge court for making a "normative judgment that conflicts with the traditional and still prevailing religious and societal view of marriage as a union between a man and a woman that plays a vital role in propagating the species and provides the ideal setting for raising children. Consequently . . . Goodridge does not establish a right of equal access to marriage . . . but instead significantly alters the nature of this social institution."

In a concurring opinion, Judge Parrillo explained that "distillation of marriage down to its pure 'close personal relationship' essence, however, strips the social institution 'of any goal or end beyond the intrinsic emotional, psychological, or sexual satisfaction which the relationship brings to the individuals involved.'" The majority also acknowledged that this personal, individualized view of marriage would require courts to declare unconstitutional those statutes prohibiting polygamy.

As to each of the constitutional claims, the court found the fundamental right to marriage protected by the state guarantee of privacy did not include marriages between same-sex couples. The court similarly found no equal protection violation because the couples had not demonstrated discrimination based on any protected right. The concurring opinion explained that "any societal judgment to level the playing field must appreciate the proper divide between judicial and legislative activity. . . . It is, therefore, a proper role for the legislature to weigh the societal costs against the societal benefits flowing from a profound change in the public meaning of marriage." The majority concluded, "absent legislative action, there is no basis for construing the New Jersey Constitution to compel the State to authorize marriages between members of the same sex."

Way to Go New Jersey!