Meanwhile, N.J. and Pa. gay rights activists said the U.S. Supreme Court rulings were a 'transformative day for our movement.' See video from when the decision was announced.
New Jersey and Pennsylvania gay rights activists view today’s U.S. Supreme Court rulings as victories though same-sex marriage opponents say the rulings change nothing in the states where it's illegal.
“It doesn’t change anything in Pennsylvania,” said Michael Geer, president of the Pennsylvania Family Institute. “Our state’s defense of marriage act … remains in effect.”
New Jersey gay rights activists say the court’s rulings have given them momentum to redouble efforts on legalizing same-sex marriage in the state -- civil unions already are legal in the state -- and have called a Thursday news conference.
“It was a transformative day for our movement,” said Troy Stevenson, executive director of Garden State Equality. “While we could have asked for a better decision (on Proposition 8), we got a sweeping decision on DOMA.”
The Supreme Court today struck down provisions of the federal Defense of Marriage Act that prevented married gay and lesbian couples from receiving federal benefits.
The Supreme Court also issued a separate ruling that allows for same-sex marriage in California but doesn’t set national precedent on the matter. The California decision was in regards to Proposition 8, that state's law banning same-sex marriage.
Garden State Equality believes the DOMA ruling gives them additional leverage in legal challenges of same-sex marriage, Stevenson said. Civil unions were upheld in the state in 2006 because the courts said civil unions provide same-sex couples with the same state benefits as straight couples, but the question of federal rights were irrelevant because of DOMA’s existence, Stevenson said. With DOMA struck down, it again raises the legal question of equal federal benefits, Stevenson said.
“Right now, what we believe is the state of New Jersey is in direct defiance of the (civil union) case,” he said. “It’s given us motivation and it’s given us legal precedence.”
Pennsylvania gay rights advocates don’t have an immediate action plan like their New Jersey counterparts, but they also believe today’s rulings give them momentum, said Adrian Shanker, president of Equality Pennsylvania.
“Today is a pretty amazing and historic day for all of us who worked for and fought for full equality under the law,” Shanker said. “Today we get to celebrate and tomorrow we get back to work.”
Today’s celebrations include a same-sex marriage rally outside of Bethlehem City Hall at 6 p.m. Bethlehem Mayor John Callahan, Bethlehem Councilman J. William Reynolds and Allentown Councilman Julio Guridy are expected to attend.
Shanker, a Bethlehem resident, said the DOMA ruling may extend federal benefits to gay and lesbian Pennsylvania couples who were married in other states. That group includes him and his husband, Brandon Pariser, who were married in April in Connecticut.
“These rulings are incredibly important and they bring us to a new stage in the movement with newly found momentum,” he said.
Garden State Equality’s Stevenson said legal experts are still trying to determine if the DOMA ruling will provide federal benefits to married gay and lesbian couples who don’t live in states where same-sex marriage is legal.
Assemblyman Reed Gusciora, D-Hunterdon/Mercer, said he hopes New Jersey will put the matter fully to rest by legalizing same-sex marriage.
“While New Jersey is still only one of two states in the Northeast without same-sex marriage, this landmark decision by the Supreme Court recognizes the rights and privileges of all loving, committed couples who currently have marriage licenses,” Gusciora, who is gay, said in a statement. “Hopefully this decision will provide greater traction for New Jersey in acquiring the same equality.”
New Jersey Family Policy Council President Len Deo, however, disputed that the court rulings provide same-sex marriage proponents any momentum.
“One of the good things is the courts didn’t impose same-sex marriage on all the states and it didn’t list same-sex marriage as a civil right,” Deo said. “That gives the states then the ability to determine for their citizenry what’s the best approach.”