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New Jersey sees gay marriage legislation reemerge

Two years, several Democrats and pro-gay marriage supporters fell short of seeing gay marriage become legal in New Jersey. There were a few votes that separated the legislation from passing the state's upper body. The timing occurred as Democratic Governor Jon Corzine was serving out his last days before Republican Governor Chris Christie was about to assume the state's chief executive mantle. With Christie in power for at least four years, several supporters wondered if they would see similar legislation rise up anytime soon. That perception was holding fairly true until recently. As the State Legislature and Governor Christie began to consider the year ahead, Democratic leaders in the State Legislature are putting forth a bill legalizing gay marriage.

A major difference this time around: Senate President Stephen Sweeney (D-3) is a strong supporter of a bill and he could be the difference in getting Democrats like himself on board and push it through the state Senate. Assembly Speaker Sheila Oliver (D-34) will be just as committed in the Assembly as she was two years ago. The only problem: Governor Christie is still in power and that was seen as the major obstacle two years ago and will in all likelihood be the same for the near future. The Garden State allows civil unions; something Governor Christie supports. However, it will likely take a two-thirds vote by the state Senate to override what many foresee as a Christie veto on any bill. Last year, Democrats failed overriding Christie's budget with the same majority.

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The State Legislature and especially Governor Christie might receive criticism and be put under a brighter spotlight with New York a few months ago joining Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, and the District of Columbia in legalizing gay marriage. New York Governor Andrew Cuomo in his little over a year in office has at times served as a foil to Christie in how they have handled similar issues like gay marriage, unions and their pensions and benefits, and budgets in states with deep debts and deficits. The state has seen court cases and proceedings on the issue take place over the last decade. However, all the work was not as a 14-20 vote with 3 abstentions in the state Senate ended years of hard work with sadness in January 2010. But, there seems to be renewed hope all of sudden.

As state Senator and Majority Leader Loretta Weinberg (D-37) expressed,

"Steve Sweeney is the change. The Senate President. It’s not just Steve Sweeney the individual. It’s the Senate President who brings along votes with him."

Furthermore, she uttered;

"This is a very bright moment in the history of New Jersey and the history of civil rights. I picture a very bright future for it."

Sweeney was not the Senate President at the time and his role now could mean the difference as Weinberg implies.

While Steven Goldstein, president of Garden State Equality, points to Governor Cuomo's push in New York as a pressure point for enough members of the State Legislature. For Goldstein,

"You might call it the Andrew Cuomotization of legislators in New Jersey. Andrew Cuomo has set the stage for the legislature in New Jersey and in other states, by championing the cause or marriage equality not begrudgingly but with gusto. And that’s happening in New Jersey now. Well, it took a couple of years but Steve Sweeney and I are finally playing on the same team. He’s evolved just like the world has evolved. He'll go down as one of the great civil rights leaders of our time."

State Senator Ray Lesniak (D-20) is equally positive of a better outcome this time. Lesniak voiced,

"We’re going to put in on Gov. Christie’s desk and we’re going to ask that if he can’t sign it, what we want him to do is when he vetoes it, say what (former Gov.) Tom Kean said when we passed the moment of silence in public schools, which he believed was unconstitutional.  "He said, ‘Look I’m vetoing this legislation — I don’t believe it’s constitutional, I don’t believe it’s right. But it’s a matter of conscience.’"

The lone openly gay state legislator last time and major proponent of the legilslation, Assemblyman Reed Gusciora (D-15), exclaimed;

"Interestingly, the governor has been in three gay marriage states — Iowa, Massachusetts and New Hampshire — with Mitt Romney. Deep down, I think he thinks this is the right thing to do. He has already stated that gay couples should be afforded the same dignity and equal respect under the laws."

While others like John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage, is confident that a repeat result will take place at the end of the day. As Tomicki sees it,

"At this time, we still are confident they do not have the 21 votes for passage," said Tomicki. "Senate President Sweeney has clearly changed his position. But we would note for the record that whenever this issue has been put up for a vote by citizens in every other state, marriage has been uniquely upheld by the voters as a union of one man and one woman."

The potential swing man, Sweeney, sounded off as well by stating;

"It's going be a fight. We expect it to be a fight. The governor’s a decent person, and I think we can work on educating him to the fact of what it means. It's not easy to admit when you make mistakes. I made a terrible mistake for a political calculaton. Marriage equality is not about religion. It's about civil rights."

If supporters of the legislation and the Democratic majority in the State Legislature need more support and a big backing; they are receiving it from all Democratic members of Congress from the Garden State. Senators Frank Lautenberg (D-NJ) and Robert Menendez (D-NJ) along with the seven Democratic House members are backing and pushing for a marriage equality act. The nine men wrote their Democratic colleagues in Trenton:

“New Jersey has a proud history of civil rights leadership, and we must continue our role in pursuing fairness and equality. Other states with a combined population of more than 35 million people already have marriage equality – including our next door neighbor, New York,” the letter states. New Jersey’s civil union law does not provide equality and could erode further as more states allow same sex marriage. The 2008 Civil Union Review Commission concluded there was ‘overwhelming evidence that civil unions will not be recognized by the general public as the equivalent of marriage in New Jersey with the passage of time.' The civil union law enacted five years ago was one of the strongest in the nation, so “fixing” the law already on the books is not a viable option."

Congressman Rush Holt (D-NJ12) added,

"When the civil right of marriage equality is recognized, New Jersey's star will shine a little brighter in the constellation of states, as soon as we sweep away the objections based as much on misconception or prejudice rather than fact."

Moreover, Governor Christie would be remiss if he did not weigh in on this matter. For the governor,

“They (Democrats in the State Legislature) have a right to set their agenda, I’ll set mine, we’ll see who gets there first. When forced to make a decision, if forced to make a decision on it, I’ll make a decision.”

One Democrat Sweeney can already count out is state Senator Jeff Van Drew (D-1). Drew opposed the bill two years ago and seems poised to do the same if something were to emerge. As he expressed,

“I deeply respect the civil liberties and rights of all New Jerseyeans, but I also believe that marriage over the centuries has been unique between a man and a woman. I am am willing to work diligently to make civil unions contractually and legally more effective, but I will not be voting for marriage equality."

As the first steps are being taken on this issue, it could present as much complex conversations and debates produced two years ago.

, Newark Independent Examiner

Michael Covin is a graduate of Rutgers University with a Bachelors Degree in Political Science and History. He has interned with The Potomac Advocates in Washington, DC and Assemblyman Albert Coutinho in Newark, NJ. He currently has a blog entitled the Audacity of Covin, where he examines a...

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