The New Jersey high court opened its fall session today.
Seven same-sex couples in the state are suing to marry. Represented by Lambda Legal, they argue that the New Jersey Constitution guarantees them the right to wed.
In June, a New Jersey appeals court ruled that the state constitution does not require the recognition of same-sex marriage. The court, in a split decision, said that it is up to the legislature to change marriage laws if same-sex couples are to wed in the Garden State.
In New York, arguments will be made this week in a mid level appeal of a ruling that the state's ban on gay marriage was unconstitutional.
State Judge Doris Ling-Cohan said the New York State Constitution guarantees basic freedoms to lesbian & gay people, & that those rights are violated when same-sex couples are'nt allowed to marry. Lambda filed the suit last year on behalf of 5 gay & lesbian couples.
But, New York City mayor Michael Bloomberg appealed the ruling. Whatever is decided at the appellate division, the case is expected to go to the state's highest court, the Court of Appeal, later this year.
Meanwhile, a second New York state case is also working its way to the high court. In that case, brought by the ACLU on behalf of 25 same-sex couples in Ithaca, the judge ruled that only the legislature has the right to define who can marry.
In Washington state, same-sex couples are anxiously awaiting a ruling on a case argued last March that challenged the ban on gay nuptials there.
The case involves eight same-sex couples who were denied marriage licenses in King County.
In August, King County Superior Court Judge William Downing said that the Washington State Constitution guarantees basic rights to lesbian and gay people -- and that those rights are violated by a state law prohibiting same-sex couples from marrying.
Downing's ruling went on to say that the couples must be given marriage licenses.
One month later, a court in Thurston County ruled similarly.
Both decisions were appealed to the Washington State Supreme Court and a ruling could come any day.
The issue of same-sex marriage also could reach the California Supreme Court, but that may depend on the outcome of two proposed amendments to the state constitution that would ban gay marriage and block the courts from hearing the case.
In August the state Supreme Court turned down requests from both same-sex couples and the Attorney General for a speedy hearing on gay marriage.
The case is currently headed to the mid level court of appeals where the Attorney General has appealed a March ruling in San Francisco where a judge said that it is unconstitutional for the state of California to deny marriage to gay and lesbian couples.
Meanwhile, Gov. Schwarzenegger has said, through his press secretary, that he will veto a bill that passed the legislature last week to permit gay marriage .
09-12-05