Gay Marriage and New Jersey Supreme Court
As I was reading Baptist Press yesterday www.bpnews.net I discovered the headline "New Jersey Court Refuses to Legalize Gay Marriage Orders Legislature to Give Couples Benefits." It is true that the decision did refuse to legalize gay marriage. However, the the court was very sympathetic to the plight of many same sex couples who were denied the same rights as their heterosexual counterparts.
Justice Barry T. Albin wrote for the court's majority."Although we cannot find that a fundamental right to same-sex marriage exists in this state, the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state constitution," Albin wrote. "... [W]e now hold that denying rights and benefits to committed same-sex couples that are statutorily given to their heterosexual counterparts violates the equal protection guarantee of Article I, Paragraph 1 [of the New Jersey Constitution]."
As I read through the story on Baptist Press a couple of things jumped out and grabbed my attention. First, the court wasn't condemning same sex marriage. The court was simply recognizing that the New Jersey constitution does not recognize rights for same sex couples. Actually, when reading Justice Albin's remarks it is clear that they feel the legislature needs to correct what they consider to be an inequity in the law. So I think it is important to realize that this isn't a court condemning gay marriage but a court condemning a law that doesn't treat gay marriage the same as heterosexual marriage.
Second, please notice the judicial restraint used by this court. Over the years we have heard a lot of talk about "legistlating from the bench." While I have some disagreement with the courts ruling I certainly respect that they didn't try to write new law themselves. Instead they recognized the process that the legislature writes the laws and the courts uphold the laws.
Finally, notice that there is a move to create a parallel institution to marriage. It is this that probably scares me the most. The legislature, Albin wrote, must "either amend the marriage statutes to include same-sex couples" or "create a parallel statutory structure, which will provide for, on equal terms, the rights and benefits" of marriage.
We must remember that it is God who created the institution of marriage and it is God who defined marriage as being between one man and one woman. And even though there may be a move to redefine or create other options for "gay couples," it doesn't change the fact that these same sex relationships are outside of God's design and God's best for us.
As believers we need to stand for the Biblical definition of marriage. But we must also portray the love of God as we stand. We may disagree with those who stand for gay marriage but we must remember that the God who loved us in our sin, also loves them. Therefore, we while we stand firm for Biblical principles we must do so in a way that represents a loving God. Please pray for these legislator's in New Jersey and please pray that God's love would be magnified and that men and woman would be impacted by a loving God.
Will
Justice Barry T. Albin wrote for the court's majority."Although we cannot find that a fundamental right to same-sex marriage exists in this state, the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state constitution," Albin wrote. "... [W]e now hold that denying rights and benefits to committed same-sex couples that are statutorily given to their heterosexual counterparts violates the equal protection guarantee of Article I, Paragraph 1 [of the New Jersey Constitution]."
As I read through the story on Baptist Press a couple of things jumped out and grabbed my attention. First, the court wasn't condemning same sex marriage. The court was simply recognizing that the New Jersey constitution does not recognize rights for same sex couples. Actually, when reading Justice Albin's remarks it is clear that they feel the legislature needs to correct what they consider to be an inequity in the law. So I think it is important to realize that this isn't a court condemning gay marriage but a court condemning a law that doesn't treat gay marriage the same as heterosexual marriage.
Second, please notice the judicial restraint used by this court. Over the years we have heard a lot of talk about "legistlating from the bench." While I have some disagreement with the courts ruling I certainly respect that they didn't try to write new law themselves. Instead they recognized the process that the legislature writes the laws and the courts uphold the laws.
Finally, notice that there is a move to create a parallel institution to marriage. It is this that probably scares me the most. The legislature, Albin wrote, must "either amend the marriage statutes to include same-sex couples" or "create a parallel statutory structure, which will provide for, on equal terms, the rights and benefits" of marriage.
We must remember that it is God who created the institution of marriage and it is God who defined marriage as being between one man and one woman. And even though there may be a move to redefine or create other options for "gay couples," it doesn't change the fact that these same sex relationships are outside of God's design and God's best for us.
As believers we need to stand for the Biblical definition of marriage. But we must also portray the love of God as we stand. We may disagree with those who stand for gay marriage but we must remember that the God who loved us in our sin, also loves them. Therefore, we while we stand firm for Biblical principles we must do so in a way that represents a loving God. Please pray for these legislator's in New Jersey and please pray that God's love would be magnified and that men and woman would be impacted by a loving God.
Will
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