As previously outlined, legislation that would allow New Jersey to join a small list of states as well as the District of Columbia in allowing gay marriage is slowly rebuilding. The biggest change this time around is Senate President Stephen Sweeney (D-3) going from a "no" the last time there was a vote two years ago to a "yes" vote. The final tally last time: 14 yes, 20 no, and 3 abstentions. The state Senate needs to garner 21 "yes" votes for legislation to move forward. The Marriage Equality and Religious Exemption Act cosponsored by Sweeney along with state Senators Ray Lesniak (D-20) and Loretta Weinberg (D-37) is starting to gather steam. The three Democrats are being backed and supported by state Senator Jennifer Beck (R-11). Beck is cosponsoring the bill and represents another flip vote in favor of gay marriage legislation.
Sweeney and Beck would bring a new total to 16 yeses. State Senator Jim Beach would represent a 17th "yes" vote after like Sweeney abstaining two years ago. For Beach,
“Sometimes you make a mistake, and if you have a chance to correct that mistake you’re a fortunate person.”
Also state Senator Nellie Pou (D-35) was elected in November and was supportive of the bill voted on two years ago when she was in the Assembly. She replaced state Senator John Girgenti who was a "no" vote on the state Senate legislation. Two other additions are being grouped in to bring the total to 20. Those two are state Senators Paul Sarlo (D-36) and Diane Allen (R-7). Neither cast a vote two years ago. Pou has yet to officially confirm her stance regarding favoring legislation. While Sarlo voiced,
“I’m evolving. The supporters of the bill know where I am at.”
Allen, in her own respect, expressed;
"I’m leaning towards voting for it, but because I didn’t take part in the discussion last time I want to hear from both sides. But going into it, I’m leaning towards a yes vote."
If Pou, Sarlo, and Allen were to join Sweeney, Beck, and Beach in changing votes or voting in favor of legislation; that leaves only one vote needed to be gathered by Sweeney. The targets: state Senators Fred Madden (D-4) and Shirley Turner (D-15). Those two as well as state Senators Linda Greenstein (D-14), Christoper Bateman (R-16), and Nicholas Sacco (D-32) could provide the 21st vote and then sum. The five have yet to state "yes" or "no" on the matter.
State Senator Weinberg continued her vocal support of the legislation by stating,
"It is a disgrace — a disgrace — that we deny civil rights to our residents. However long I am in this position, however long the feisty is still within me, the fight for marriage equality will be front and center."
As some legislators begin to change their minds on the issue and others consider changing their minds, public opinion looks to be on the side of change. According to a recent Quinnipiac poll, 52% of voters think same-sex couples should be able to marry while 42% think they should not be able to.
For Maurice Carroll, the poll's director,
“Democrats are making same-sex marriage their big opening issue and New Jersey voters support them. There are demographic splits – Catholics are more supportive than Protestants. All groups support same-sex civil unions. Most groups support allowing same-sex couples to adopt children, while black voters are divided on that issue.”
Probably not too surprising is the party breakdowns. Democrats favor legislation by a 62-33 margin while Republicans oppose legislation by a 59-35 margin. The typical tiebreaker in polls, Independents, sides with Democrats on this one by a 54-38 margin.
That support is being shown in Trenton as was the case two plus years ago when gay rights supporters marched on the Statehouse to showcase their opinions. As supporters and anti-supporters of the potential were gathering as the state Senate Judiciary Committee considered bringing forth legislation; Christie provided a twist in the proceedings. He called upon the State Legislature to put a voter referendum or initiative for legalizing gay marriage on the fall ballot similar to what California did with Proposition 8 in 2008. It is a move some view controversially and see as Christie sidestepping any responsibility on the issue. He viewed the measure as the state Constitution being affected by the vote of voters over the State Legislature. Nonetheless, Christie still urged all legislators including those largely in the Republican caucuses to push voters to express an opinion. However, he will still leave open the door for a veto especially if the State Legislature presents legislation to him.
Christie would state,
"I think this is not an issue that should rest solely in my hands, or the hands of the Senate President or the Speaker or the other 118 members of the Legislature. Let's let the people of New Jersey decide what is right for the state. Let's make sure that political maneuvering is not what judges this and let's make sure this is not someone just trying to have fun and create a campaign issue. The institution of marriage if too serious to be treated like a political football. I would hope the Legislature would be willing to trust the people the way I'm willing to trust the people. I think it's the institution of marriage and it's bigger than just a word, it's hundreds of years of tradition both legally and societally and religiously and that's what I stand up in protecting. If all the people who vote in a presidential election vote, it will have much more validity. What would you be afraid of? It’s imperative to move now. The biggest election we’re going to have is this November.”
Christie has supported civil unions, but has consistently spoken out against legalizing gay marriage largely due to his stance against negatively affecting the sacrament that bonds a man and a woman not two men or two women.
While Christie was putting forth his opinion and objective for gay marriage legislation, the Judiciary Committee voting on the issue delivered the first piece of good news in a long time. Largely on a party line, the committee voted 8-4 in favor legalizing gay marriage. Both sides provided their respective arguments and stances. The Republicans on the committee opposing legalization were state Senators Joseph Kyrillos (R-13), Christopher Bateman (R-16), Michael Doherty (R-23), and Kevin O'Toole (R-40). The four support Christie's recommendation. The Democratic "yes" votes were cast by state Senators Joseph Vitale (D-19) on behalf of Bob Smith (D-17), Raymond Lesniak (D-20), Nicholas Scutari (D-22), Brian Stack (D-33), Nia Gill (D-34), Nellie Pou (D-35), Paul Sarlo (D-36), and Loretta Weinberg (D-37). State Senator Gerry Cardinale (R-39) was absent from the vote. One of the potential yeses (Bateman) sounded off and was standing behind Christie. Bateman exclaimed,
“I'm not sure since I've been in the Legislature that we've had a more emotionally charged issue than we've had today. I come into this, today, open-minded on the issue (but) I'm not sure this is going to fly with ths governor. I don't think the governor's going to sign it. New Jerseyans are well-educated. Let's put it on the ballot."
Like many gay rights supporters and several Democrats in Trenton, Newark Mayor Cory Booker was not exactly pleased with Christie's call for a ballot referendum. As Booker voiced,
"Equal protection under the law – for race, religion, gender or sexual orientation – should not be subject to the most popular sentiments of the day. Marriage equality is not a choice. It is a legal right. I hope our leaders in Trenton will affirm and defend it."
One of the couple openly gay members of the State Legislature, Assemblyman Reed Gusciora (D-15), has continued to be an adamant supporter of legislation in the Garden State. As he voiced,
“I hope no one here wants to turn back the clock in our rich history of safeguarding popular will over the rights of minorities, which has been a bedrock principle of this country since Madison’s federalist paper 10."
Fellow openly gay legislator, Assemblyman Timothy Eustace (D-38), is lending his voice to this latest attempt. Eustace is part of a civil union and has been closely tied to the equal rights movement when it comes to this matter for years. As Eustace expressed,
“Over 31 years, we get up and go to work, we put on our pants one leg at a time, we go to church on Sundays, and their church performed a holy union for them but it still is not called a marriage. How do you explain what a civil union is to an insurance salesman or to an emergency room physician."
Sweeney, in his own right, was much more combative in his criticism for Christie. Sweeney would utter,
“To say that a matter of civil rights should be subject to a political campaign is not only a cowardly abdication of leadership, but a slap in the face to those whose rights are being trampled. It’s an embarrassing display of political greed. It is shameful for the governor to use his office to bully members of his party into abandoning their consciences in the name of his own political ambition.”
Sweeney had the backing Assembly Speaker Sheila Oliver (D-34) with her similar heated comments. She was particularly angered by Christie's comparison of the civil rights movement to the movement for equal rights involving gay marriage. Civil rights legislation and amendments were not put forth for voters to decide, but for the U.S. Congress and/or State Legislatures to decide. As she would state,
“Gov. Christie better sit down with some of New Jersey’s great teachers for a history lesson, because his puzzling comment shows a complete misunderstanding about the civil rights movement. It’s impossible to ever conceive that a referendum on civil rights in the South would have been successful and brought justice to minorities. It’s unfathomable to even suggest a referendum would have been the better course. Governor – people were fighting and dying in the streets of the South for a reason. They were fighting and dying in the streets of the South because the majority refused to grant minorities equal rights by any method. It look legislative action to bring justice to all Americans, just as legislative action is the right way to bring marriage equality to all New Jerseyans. The governor’s comment is an insult to those who had no choice but to fight and die in the streets for equal rights. The governor needs to show the same courage. We do not shrug off civil rights. We do not pass on tough decisions.”
Quickly, one can see, this issue went from a friendly conversation to a heated battle once again as differences of opinions will largely dominate conversation and the future of legislation and its enactment remain up in the air.
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