Editorial - Separate and Not Equal - NYTimes.com

Editorial - Separate and Not Equal - NYTimes.com

Civil unions are an inadequate substitute for marriage. Creating a separate, new legal structure to confer some benefits on same-sex couples neither honors American ideals of fairness, nor does it grant true equality. The results are clearly visible in New Jersey, which continues to deny same-sex couples some of the tangible civil benefits that come with marriage.

Gov. Jon Corzine of New Jersey has long said that he would sign a measure granting the right to marry to couples of the same sex. We are heartened that he has declared that that should happen sooner rather than later.

We hope Mr. Corzine intends to prod legislators into passing such a law early in the 2009 session. That would make New Jersey the first state to legalize marriage for same-sex couples through legislative action. Three other states — Connecticut, Massachusetts and California — have done so through the courts. Unfortunately, California voters approved a ballot measure in November rescinding that right, at least for now.

Mr. Corzine made his statement after a state commission released its final report on New Jersey’s two-year-old civil union law. The commission noted the hurt and stigma inflicted by shutting out gay people from the institution of marriage. It also found that civil unions do not assure gay couples of the same protections, including the right to collect benefits under a partner’s health insurance program and to make medical decisions on behalf of a partner who is unable to do so. The panel concluded unanimously that the state should enact a law to remove the inequities.

We regret that the leaders of the state’s Democratic-controlled Legislature do not view this issue with the same urgency. Senate President Richard Codey, for instance, said recently that progress in civil rights areas “is typically achieved in incremental steps.” We suspect that political expedience is clouding Mr. Codey’s sense of fairness. Next year in New Jersey, the governorship and all seats in the Assembly are up for grabs in an election. Some Republicans already are talking about making their opposition to same-sex marriage a campaign issue.

Governor Corzine typically takes the right side on important issues, but he has been known to retreat in the face of opposition. We hope that’s not the case here. It’s past time for him and for the Democrats in Trenton to find the political courage to extend the right to marry to gay couples.