The New Jersey Gay Marriage Decision...

as promised, a closer look.

The full opinion is here.

Frankly, the New Jersey Supreme Court did a better job of hoofing than you'd see on "Dancing With The Stars."

First, the bad news:

The New Jersey Supreme Court, like virtually all other state appeals courts that have addressed the issue, concluded that there's no fundamental right for gays to marry, which permits the Due Process Clause of the 14th Amendment to the Constitution to apply.

Gays can enjoy substantive legal rights which are available to married people, but they can't marry.

The Court ultimately passed the buck to the New Jersey legislature, refusing to outline exactly what rights gay couples can enjoy. Instead, the court ordered that body to draft legislation to make those decisions. So much for "activist" judges.

The Court applied only New Jersey law to this case, and didn't invoke any Federal rights at all. This case isn't going any further. No appeal to the U.S. Supreme Court, here.

The Court didn't even really make or interpret new law. Instead, the Court concluded that a Domestic Partnership act passed by the state legislature was valid and should be enforced.

The good news:

The NJ Supreme Court DID determine that the state's equal protection laws extend to gay couples, and the Court DID conclude that gays are entitled to substantive rights available to married heterosexual couples. That's a plus.

The Court seems to be following the present trend. Don't call it marriage, but offer the substantive rights of marriage. Just don't call it marriage. Half a loaf, I presume, is better than none.

The lower courts fell back on the old argument that the main purpose of marriage is to raise kids, and that heterosexual couples offer the best environment for raising kids. The Supreme Court shot this one down cold, and even pointed out that most of the plaintiffs in this case have children themselves. The Supreme Court also pointed out that the kids are harmed by their parents' inability to have the same protections offered to heterosexual couples.

This is big. Ultimately, when gays are allowed to marry, it'll be because depriving them of being married violates not just their own equal protection rights, but those of the kids, as well. This decision shows gay couples litigating this issue in the future the way to go.

Gad, I'm such a law geek. Going to have a beer or two, now.