File Photo
Marty Finkle, right, embraces Mike Plake after Village President Alex Torpey, in background, marries them at Village Hall on Oct. 21, 2013, at midnight.
MAPLEWOOD / SOUTH ORANGE, NJ — Maplewood Mayor Vic DeLuca and South Orange Village President Alex Torpey signed onto an amici curiae brief urging the U.S. Supreme Court to rule in favor of the freedom to marry for all people nationwide. DeLuca and Torpey join 16 other New Jersey mayors and more than 200 mayors across the nation who have signed onto the brief.
“Amicus curiae” refers to someone who is not a party to a case but who offers information or an opinion to the court; the words translate to “friend of the court” in Latin.
Maplewood and South Orange’s leaders have signed onto an amici curiae brief in response to the DeBoer v. Snyder case, an appeal of the U.S. Sixth Circuit Court ruling, which held that gay and lesbian citizens, unlike other citizens, have no fundamental right to marry. This court decision leaves the gay marriage debate to each state, leaving it in the hands of the voters.
“Amici ask this court to expressly hold that this fundamental right applies equally to same-sex couples and different-sex couples,” reads a summary of the brief, a copy of which was provided to the News-Record by DeLuca. “It cannot be withheld by popular vote or the whims of a state legislature, and states cannot discriminatorily refuse to respect lawful marriages performed in other states.”
The brief argues that refusing to grant marriage rights to some citizens undermines the dignity and respect owed to all citizens by the government, especially seeing as gay and lesbian couples lives in all areas of the United States and contribute much to the fabric of society. The brief states that fully representing all citizens will better society and the economy.
The brief also asks that the court rule it unconstitutional for one state to refuse to recognize a gay marriage performed in another state, as the United States is based on freedom and that should include the freedom to move among the states without losing rights.
DeLuca and Torpey both feel the question of marriage equality should not even be a question at all, saying that all U.S. citizens should have the right to marry whomever they love.
“Whether same-sex couples should be able to marry should be an issue beyond debate,” Torpey told the News-Record last week via email. “The idea that certain people, based on their sexual preference, don’t have the same rights as others is beyond crazy and it should be obvious that those fighting against that are on the wrong side of history.”
DeLuca could not agree more.
“Marriage is a fundamental right for everyone and I want to be part of the fight to make that right a reality across the nation,” DeLuca told the News-Record earlier this week. “As mayor, I want to speak up for same-sex couples in our community and for those thinking about moving to Maplewood. I cannot stand by while same-sex couples are treated differently under the law because of who they love or with whom they want to spend their lives.”
Torpey and DeLuca believe that their decision to sign onto the amici curiae brief reflects the values of the residents of South Orange and Maplewood.
“Maplewood is a welcoming and inclusive community in which to live and raise a family,” DeLuca said. “We believe that all people should be treated in a fair and equitable manner and denying same-sex couples the right to marry contradicts that value.”
Torpey pointed to South Orange and Maplewood’s strong history of supporting gay rights and of welcoming all citizens, regardless of sexual preference.
“Both South Orange and Maplewood are communities that value diversity and, in particular, are LGBT friendly,” Torpey said. “It’s an issue I know most in South Orange support, and we have a history, from performing the first domestic partnership in 2004 to one of the first legal same-sex marriages in New Jersey in 2013, of supporting equal rights for all.”
The other New Jersey mayors who have signed onto the amici curiae brief include: Paul Aronsohn of Ridgewood, John Birkner Jr. of Westwood, Edward Brennan of Merchantville, Thomas Cook of Freehold, Jon Dunleavy of Bloomingdale, Steven Fulop of Jersey City, Bruce Harris of Chatham, Jamel Holley of Roselle, Janice Kovach of Clinton, Liz Lempert of Princeton, M. James Maley Jr. of Collingswood, Pasquale Menna of Red Bank, Michael Mignogna of Voorhees, Robert Parisi of West Orange, Paul J. Smith Jr. of Union Beach and Dawn Zimmer of Hoboken. Additionally, the township of Irvington signed onto the brief.