Whither Lewis?

Why is the New Jersey Supreme Court taking so long to issue a decision in Lewis v. Harris, the same-sex marriage case? The word is that the decision will be announced by October 25 (eight days from now), the day before Chief Justice Deborah Poritz reaches mandatory retirement age and must step down. That’s just 13 days before election day.

Same-sex marriage hasn’t been a galvanizing issue for Republicans in this election cycle, but a decision from New Jersey’s high court in favor of it could certainly make it one. New Jersey has a relatively liberal high court compared to other states; the New Jersey Supreme Court, after all, is the body that ruled that the Boy Scouts had to let in gays, before that decision was overturned by the U.S. Supreme Court. New Jersey is more likely than New York or Washington to issue a pro-gay-marriage decision.

The court heard oral arguments in the case in February. That was eight months ago. The U.S. Supreme Court doesn’t take this long to issue decisions. Why are state courts taking this long? New York took a long time to issue its marriage decision, and Washington State took fifteen months. Courts must be aware that the issue is a big hot gay potato, and perhaps the judges take time to craft their language. (That doesn’t explain the shoddy workmanship and thinking behind the anti-same-sex opinion in New York, though.)

I want the decision to be announced already. Enough is enough.

6 thoughts on “Whither Lewis?

  1. I want the Court to act but am mindful that here in WI we have a Constitutional Amendment on marriage this fall that needs no more fuel at this moment. As the NYT reported our state is putting up one good fight to deny the haters another win. I am hopful but still understand the lay of the land. A strong ruling right before Election Day could be bittersweet.

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