N.J. legislature passes gay marriage bill

A woman in the gallery is overcome by emotion after the final Legislative approval for Marriage Equality at the State House in Trenton, N.J., Thursday, Feb. 16, 2012. / AP Photo/Rich Schultz

Updated 6:10 p.m. ET

TRENTON, N.J. (AP) The New Jersey Assembly on Thursday passed a bill legalizing same-sex marriages, setting the stage for an expected veto by Gov. Chris Christie.

The 42-33 vote sends the bill to Christie's desk. The Republican governor who opposes gay marriage had promised "very swift action" if the bill passed both houses of the Legislature. The Senate approved the bill Monday.

"Today, the Legislature has brought us to the promised land," said Steven Goldstein, chairman of the gay rights group Garden State Equality. "We know the governor won't let us enter, but we finally behold the view of our dreams and we will never turn back."

Christie and most state Republican lawmakers want gay marriage put to a popular vote. Democrats say gay marriage is a civil right protected by the Constitution and not subject to referendum.

Six states and Washington, D.C. recognize gay marriages. Washington State's new gay marriage law is scheduled to take effect in June.

However, 30 states have adopted constitutional amendments aimed at preventing gay marriage, most by defining marriage as a union between man and woman.

The affirmative vote in the Assembly ended weeks of speculation over whether Democrats who control the chamber would muster the 41 votes needed for the measure to pass.

The Senate passed the bill 24-16. In that chamber, two Republicans voted for the bill and two Democrats voted against it in what was otherwise a party-line vote.

The bill would need several Republican votes in each house to override the governor; Christie himself essentially guaranteed that that won't happen.

With that in mind, Democrats who identified same-sex marriage as their No. 1 priority for the two-year legislative session that began in January have adopted a longer view. They say there's no rush for an override vote, especially because the Legislature has been unsuccessful in every prior attempt to override Christie, most notably to reinstate a surcharge on millionaires.

Instead, they plan to bide their time in hopes that support for gay marriage -- currently 52-42 percent in New Jersey, according to one recent voter poll -- will continue to grow.

"Civil rights is incremental, civil rights is long range, and you take one achievement at a time," said Steven Goldstein, head of the state's largest gay rights group, Garden State Equality.

In case same-sex couples can't win gay marriage through legislation, they have engaged in a parallel fight in the courts. Seven gay couples and several of their children have sued, claiming that the state's civil union law doesn't work as intended.

Civil unions were designed to provide the benefits of marriage to gay couples without the title. They were adopted after the Supreme Court instructed the Legislature to provide marriage equality to same-sex couples.

The state's own review commission has since found problems with the law, however, and many same-sex couples have backed that up with testimony before the Legislature.

Gay rights advocates say civil unions have not provided true equality. They complain that they set up a separate and inherently unequal classification for gays -- something social conservatives dispute.

A gay marriage bill was defeated in the Senate two years ago, just before Gov. Jon Corzine, a Democrat who supported the measure, left office. Advocates' hopes dimmed with the arrival of Christie, a Republican who spoke against gay marriage when asked about it during his campaign.

This time around, advocates have presented gay marriage as a civil rights issue. The bill includes an exemption for religious leaders, institutions and facilities, meaning no one would be required to perform, host or lease space for a gay marriage.

Republican Sen. Kip Bateman of Somerset has taken a different approach. He recently drafted a resolution asking voters to approve gay marriage at the ballot. The resolution must be approved by the Legislature to be placed on the ballot in November, which Senate President Steve Sweeney has already said he won't allow.

[Bob_Amsel]

Since homophobia is a large part of the GOP platform, Christie has to veto the marriage equality bill if he expects in the future to run for president on the GOP ticket.

[RogerInHawaii]

Christie is fighting the tide of history. Our prior Governor here in Hawaii refused to sign the gay marriage rights bill that passed our legislature, citing the same reasons as Christie, saying that it should be put to a popular vote. When she was voted out of office the next governor signed the bill and it is now law here. And the world did not come to an end.

[krotec54]

This is not fair for the voters of the state. They will be burden with additional taxes and fees for un-necessary medication and surgery for these mentally challenged civil unions.
They should reside in medical quarters for their safety and receive treatment regulated by the government.

[thebob-bob]

Well golly! I guess the Leviticans can't blame activist judges for this one, or the one in Washington State. These are the duly-elected Representatives of The People speaking here. Now how can they try to enforce their narrow, faith-based hatred??

They could move to Uganda where the Bush administration, backed by Santorum and other rightwingnuts, financed Evangelical politicians who are ready to execute anyone found guilty of homosexuality or of supporting homosexuality.

Real democracy and freedom loving Americans don't agree with their religious-based bias.

[christos2176]

How does vetoing this bill create jobs and help the economy?
The hospitality industry is in need of these dollars.
Let the gay marriage cash go to the 'freedom' states like NY, MA, NH, etc.
This is pure pandering to the right wing hate squad.

[Molly-Pchr]

Let the gays do what they want. This country is going to hell in a handbasket, and trying to blame the moral corruption in America on one particular group isn't going to do anything to stop it. If you have religious objections, then it's a sin FOR YOU. They don't share our religious beliefs. Render to Caesar what is Caesar's and to God what is God's. And if your church has recently moved or voted to ordain gays, then get out.

[markag55]

Congratulations to the New Jersey Legislature for passing the most important civil rights legislation since the 1960's. Too bad that Gov. Christie is too busy lowering the flags for Whitney Houston to sign such a forward-thinking and correct law. What's wrong with NJ? Their last 3 governors!

[booker59]

Although, speaking as a Californian I'm as sick of continual referendums as anyone could be, if Gov Christie does veto the bill and the Legislature can't override it, maybe marriage equality supporters should go ahead with a public vote. The polls show it would probably pass, and that way might have a better (and quicker) chance of getting it through than trying to change enough legislator's minds over the next two years(!) And remember, marriage equality supporters in Maine are actually sponsoring the referendum on same-sex marriage that's going to be on the ballot. Personally, I say, whatever works.

[kevjustice]

christie's blood type is rocky road.

[smirk5]

The thought of two men or two women getting married isn't offensive. The thought of someone marrying the horribly obese Gov. of New Jersey and having sex with him is definitely offensive.