Quote:
Originally posted by SlaveNoMore
nonsense. The court required gay marriage. It remanded back to the legislature to determine what to "call" it.
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Well, from
Volokh :
"The New Jersey court gave the state legislature 180 days to do one of two things: either (1) amend the state marriage laws to permit same-sex couples to marry or (2) create a parallel statutory system “which will provide for, on equal terms, the rights and benefits enjoyed and burdens and obligations borne by married couples.” This parallel system could be called “civil unions” (as in Vermont and Connecticut) or “domestic partnerships” (as in California) or something else. Under #1 the state will have fully met its constitutional obligation. Under #2 the state may meet its constitutional obligation but will invite further litigation on the issue. Litigants will get a second bite at the marriage apple."
