NJ Gay Marriage Court Initiative Failed.

In New Jersey, the recent focus for news on marriage equality was the unsuccessful political process which aimed to slip legislation in during the dying days of the last legislature, before the new anti-marriage Governor took office. Later, there was a much less well-publicized attempt to pursue a litigation route. Some years ago, the state Supreme Court had ruled that the state had an obligation to provide equal treatment to all its citizens. IT was on the strength of this judgement that the state legislature then introduced civil unions as an alternative.

Experience since then has shown that in NJ, as elsewhere, separate is not equal. After the failure of the political process, six same-sex couples initiated court proceedings to secure the equality which had been promised, but not provided by the political process. That application today hit a road block: the court declined to hear the case.

This looks though, like a temporary delay. The reason given was that the suit must first make its way through the lower courts. Even so, the decision was close - a 3-3 split. Equality could still come to New Jersey. (Marriage opponents probably have more reason to be disappointed than equality supporters do over this decision: they were hoping for a total rejection:

Len Deo, president of the New Jersey Family Policy Council, which supports the traditional view of marriage as between one man and one woman, said, “We were hoping the Supreme Court would just reject the application outright.”

(New York Times)

From Washington Post:

NJ Supreme Court rejects gay marriage case

TRENTON, N.J. -- The New Jersey Supreme Court has declined to hear a case from six same-sex couples seeking the right to marry, saying the case needs to wind its way through the lower courts first.

Gay couples unsuccessfully sued New Jersey four years ago for the right to marry. They claim that by creating civil unions, the state has not fulfilled a court order to treat them the same as heterosexual couples seeking to marry.

The Supreme Court said Monday that it cannot consider whether the civil union law provides equal rights to gay couples until there is a trial record.

The justices were split 3-3, one vote shy of the four needed for the motion to be granted.