Marriage Update: New York and New Jersey

Interesting developments in the fight for marriage equality in New York and New Jersey in the last few days.

First, yesterday the New York Court of Appeals (the state's highest court) ruled unanimously to reject a legal challenge to the policy that New York same-sex couples married out of state must have those marriages recognized in the state.

In their majority ruling, four of the seven members of the court said they were making their decision on narrow grounds involving the specifics of each case, and not settling the broader question of whether same-sex marriages performed in other states should be recognized. Judge Eugene F. Pigott Jr., writing for the majority, expressed “hope that the Legislature will address this controversy.”

But in a concurring decision, three of the justices said that the court should have addressed the wider issue because New York law already allows for the recognition of marriages that are considered legal elsewhere.

Judge Carmen Beauchamp Ciparick, who wrote the concurring decision, said “that the orders under review should be affirmed on the ground that same-sex marriages, valid where performed, are entitled to full legal recognition in New York under our state’s longstanding marriage recognition rule.”

The New York State Senate is expected to vote on a marriage equality bill before the end of the year.

And in New Jersey, a poll was released showing that a plurality support marriage equality, and a slim majority would support a bill, if the legislature legalized the practice.

The poll, conducted between Nov. 6 and 10, found 46 percent of adult residents want to extend the right to gay couples while 42 percent oppose it. Still undecided were 12 percent of respondents.

[...]

If lawmakers pass the bill legalizing gay marriage, 52 percent would accept the new law, while 40 percent would support a constitutional amendment banning it, the poll said.

Go New York and New Jersey!