ANN ARBOR, MI – The New Jersey Supreme Court ruled yesterday that same-sex couples are entitled to all the rights and benefits enjoyed by opposite–sex couples. The Court ordered the state legislature to enact legislation within 180 days that would either include same-sex couples in the existing marriage laws, or create a parallel statutory structure. Gay activists hailed the Court’s decision as an enormous victory.

The ruling overturned two lower court decisions that had dismissed the complaint brought by seven same-sex couples, which alleged that state restrictions of marriage to the union of one man and one woman violated the liberty and equal protection guarantees of the state constitution. The New Jersey Supreme Court ruled in favor of same-sex unions despite the fact that current state law defines marriage as between one man and one woman and despite the fact the court acknowledged there is no fundamental right to same –sex marriages.

Richard Thompson, President and Chief Counsel of the Law Center, condemned the ruling, “The New Jersey Supreme Court has engaged in a reckless act of social engineering and judicial activism which, if allowed to stand, will have bitter consequences for society in the future. No consideration was given to the instability the Court’s social experimentation will have on society as they cavalierly detached marriage from procreation and the traditional family of one man and one woman. This decision should be a wake-up call to the vast majority of Americans who oppose same-sex marriages. Perhaps the chief lesson of yesterday’s decision is the importance of providing traditional marriage with constitutional protection.”

In 2004, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, collaborated with the Coalition For The Protection Of Marriage and other pro-family groups, such as the American Family Association of Michigan, to draft and secure passage of Michigan’s Marriage Amendment. When opponents of the amendment claimed it was unnecessary because Michigan law limited marriage to the union of one man and one woman, the Center warned that a constitutional amendment was the best guarantee against a redefinition of marriage by an activist court.

Patrick T. Gillen, the Thomas More Law Center attorney who drafted Michigan’s Marriage Amendment for the Coalition, noted another lesson to be learned from the decision. “The defense of traditional marriage was fatally compromised by the Attorney General’s failure to defend the role that marriage plays in promoting the true good of the spouses and children who enter the family. Once society fails to appreciate these essential goods of marriage, damage to the family and, ultimately, the common good, becomes inevitable.”

Last week Gillen appeared before the Michigan Supreme Court in a case where the Law Center argues that Michigan’s Marriage Amendment prohibits public schools from recognizing and subsidizing same-sex domestic partnerships. Yesterday, the Law Center filed an appeal from a decision dismissing its claim that the Marriage Amendment prohibits Michigan State University from recognizing and subsidizing same-sex domestic partnership benefits. In both cases the courts refused to rule on the merits of the claim, dismissing the suits based on narrow jurisdictional grounds.

Currently, Massachusetts is the only state that has authorized same-sex marriages. Two other states, Vermont and Connecticut authorize civil unions. Nineteen states have adopted constitutional amendments that explicitly ban samesex marriages. On November 7th eight additional states will be voting on constitutional amendments banning same-sex marriages -- Arizona, Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia and Wisconsin.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

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