Speculation on Gay Marriage Ruling Swirls in New Jersey

The New Jersey Supreme Court is carrying much constitutional freight as it considers whether the state will be the second in the nation to find that gay couples have the right to marry. But for those watching the court, speculation has centered lately on smaller issues, like the chief justice’s birthday and the re-election prospects of Senator Robert Menendez.

Lawrence S. Lustberg, who argues frequently before the court and represents the gay plaintiffs in the case at hand, said the decision in the case, Lewis v. Harris, “is the most eagerly anticipated opinion” he has ever seen.

Steven Goldstein, the chairman of the gay-rights advocacy group Garden State Equality, concurred, saying, “Most of us in the gay community have no fingernails left.”

As each day passes without a decision, eight months after oral arguments before the court, the rumors and theories thicken: That the decision will come before Chief Justice Deborah T. Poritz’s mandatory retirement on her 70th birthday (Thursday). Or that the decision will come only after the State Senate’s scheduled vote to confirm the new chief justice, James R. Zazzali (Monday).

The conspiracy-minded question whether the decision is being delayed until after Election Day to avoid political repercussions. Some say a ruling in support of gay marriage would goad conservative voters to punish Democrats, including Mr. Menendez.


http://www.nytimes.com/2006/10/23/nyregion/23gay.html?ei=5090&en=9a95190926afb4e1&ex=1319256000&partner=rssuserland&emc=rss&pagewanted=all

It'd be a GOTV inspiration point for the neocons.

the election.

the retirement date of one of the judges. Regardless, polls show that 56% of NJ residents support gay marriage and only 39% oppose it. 77% polled said that it wasn't a major issue of concern.