New Jersey’s sole out lawmaker last week resurrected the legislative effort to legalize same-sex marriage in the Garden State.
Assemblyman Reed Gusciora introduced the Freedom of Religion and Equality in Civil Marriage Act June 16. Assemblywoman Connie Wagner signed on as the lead cosponsor, and Gusciora said he is in the midst of circulating memos to his colleagues to encourage cosponsorship.
The state Senate rejected a marriage-equality bill in January 2010, preventing the bill from heading to the full Assembly for a vote.
Gusciora sponsored the measure in his chamber in the last session.
“I think the legislative route is easier this time around because it’s already been done before, and many members have reconsidered,” Gusciora said.
Gusciora noted that, instead of tackling the issue in the legislature, some LGBT advocates have instead favored taking it to the courts, which got the ball rolling on the recognition of same-sex unions with the 2006 directive that led to the creation of civil unions.
However, Gusciora noted that the court route could be complicated by the political reality of a Republican governor who is opposed to marriage equality.
“The judges are all up for reappointment by [Gov. Chris] Christie, and I doubt them being in favor of marriage equality when they know they’re going to have to come up for reappointment before this governor,” Gusciora said.
Last summer, the New Jersey Supreme Court declined to hear a case filed by Garden State Equality and Lambda Legal on behalf of several same-sex couples, instead advising the plaintiffs to file with the Superior Court.
That case has yet to be filed.
Gusciora said several Democratic lawmakers who last session abstained from voting for same-sex marriage have since changed to “yes” votes, although Garden State Equality chair Steven Goldstein said supporters don’t have enough affirmative votes to override a promised veto from Christie.
Goldstein proffered that advocates will need to win marriage equality “through other means” and alluded to an impending “announcement” from his agency on that front.
No matter if his bill would become law, Gusciora noted that it will continue the discussion in the state.
“I think any time you can advance the ball is a good thing,” he said. “While I’m hopeful, I think this keeps the issue alive. I can see this this time around going before the Assembly where the last time it didn’t. And the more and more it’s talked about, and the more and more it’s thought [about], the more people are likely to be supportive. Certainly the polls in New Jersey and nationally show a majority of people favoring marriage equality, so I really think the legislative route is the best way to go.”
The bill has not yet been introduced in the Senate.
However, on the Senate floor this week, Senate President Stephen Sweeney took the unusual move of issuing a public apology for abstaining from a vote on the marriage-equality bill that failed last session.
“Seventeen months ago, I stood up here and made the biggest mistake of my legislative career. I made a decision based purely on political calculations not to vote in support of marriage equality. I failed in my responsibility as majority leader of this house of government to actually lead. I was wrong. To my fellow colleagues, to staff and to those watching upstairs, let me tell you: Never, ever again will I allow that to happen. The time for political calculations is over.”
Jen Colletta can be reached at [email protected].