Marriage Equality Decision "Does Not Spell Defeat"

 MONTCLAIR, N.J. -  The procedural decision by the New Jersey Supreme Court, voting 3 to 3 not to take the marriage equality case directly and all but inviting our side to initiate a new case at trial, is, of course, profoundly disappointing. Today's decision represents a delay until the Court hears how the civil union law has devastated same-sex families and their children.  And any time justice is delayed, justice is denied. 

But this, too, is clear:  First, the Court's opinion all but invited our side to file a new lawsuit.  And secondly, the Court did not rule that our side's claims have no merit.  If the Court did, there would be no basis for going back to trail.   That omission from today's opinion is significant.

So rather than a definitive defeat, today's decision is a punt.  The punt is frustrating as hell to our families in pain and to an entire people yearning for freedom, but it is a punt, and far from a final decision. 

As the New Jersey Supreme Court all but invited us to do, our side will put the civil union law on trial.  We will continue to show the world -- this time in court -- the rabid devastation that New Jersey's failed civil union law has imposed on our families and children. 

When our families and their children tell the full story in court, equality will prevail.  Garden State Equality and our allies will not relent until that day comes. And we will do everything we can to make sure that day comes soon.