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Whether to call a spade a spade?

October 25, 2006 02:51 PM

That is the choice the New Jersey Supreme Court has given the state legislature.  The NJ Supremes have ordered the state legislature to either amend the state's marriage statutes to allow for same sex "marriage," or create a separate civil unions scheme.  The Court gives the legislature their options:

The equal protection requirement of Article I, Paragraph 1 leaves the Legislature with two apparent options. The Legislature could simply amend the marriage statutes to include same-sex couples, or it could create a separate statutory structure, such as a civil union. Because this State has no experience with a civil union construct, the Court will not speculate that identical schemes offering equal rights and benefits would create a distinction that would offend Article I, Paragraph 1, and will not presume that a difference in name is of constitutional magnitude. New language is developing to describe new social and familial relationships, and in time will find a place in our common vocabulary. However the Legislature may act, same-sex couples will be free to call their relationships by the name they choose and to sanctify their relationships in religious ceremonies in houses of worship.

But if the substance has to be the same, what does it matter what the legislature chooses to call it?  Does anyone actually think there is a difference between a same sex marriage and a same sex civil union?

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