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'Full Marriage Equality' Editorial

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'Full Marriage Equality' Editorial

Posted by: Kevin Costello

Here is what was recently published in the New Jersey Law Journal, authored by me, in response to a conservative attorney who continues to argue against civil equality by using reference to 'natural law' when she really means 'religious' law. But she knows better than to argue a position in direct contravention to the Constitution.

I remind you all, regardless of how you may personally or religiously see this issue to remember that when we decide to live by 'natural' law, it's whatever the strongest person says it is.

Here's the Voice of the Bar piece, with acknowledgment to the New Jersey Law Journal:

"Subjective Religious Concepts Have No Place in Civil Law
New Jersey Law Journal
July 2, 2010

Dear Editor:

Please accept this letter in response to Grace Meyer's latest offering in her continuing, one-person rant against civil equality ["Bar's Same Sex Marriage Stance Is Retreat From Natural Law," Voice of the Bar, June 28].

As long as Ms. Meyer continues to feel it appropriate to laud "natural law" — an entirely subjective, amorphous and unknowable concept — as a policy grounding for civil law in New Jersey, and as long as she continues to ignore her oath to uphold and defend the constitution in so doing by ignoring the establishment clause, I feel she must be responded to.

New Jersey law is not founded on religious concepts, thus it cannot be driven by religious principals. Private definitions of marriage have nothing to do with civil definitions of marriage, which are entirely economic in nature. As long as this is so, all citizens must have the right to access the same benefits, liabilities and obligations of marriage.

Ms. Meyer and those like her can call marriage whatever they like in their churches, mosques, synagogues, druid circles and temples. For the rest of us, who derive our civil rights from civil law, "natural law" is a nonsensical concept that can be used to justify every manner of cruelty, horror, slavery, oppression, theft and abuse. Natural law means the strong prey on the weak, and that no one has any rights except from the barrel of a gun or from the point of a sword. Unless we are prepared to return to "natural law" in all ways in which we live in this state, then we cannot pick and choose subjective pieces of natural law to suit religious objection to full civil rights.

I continue to respectfully suggest that anyone with a law degree ought to feel great reluctance to suggest nonlegal and subjective religious concepts ought to inform civil law in this state, regardless of their personal religious agendas."

JOURNEY TO JUSTICE

DISCLAIMER: This web log is not legal advice, nor should it be construed to be legal advice or the offering of legal advice. It should not be read as guaranteeing or suggesting any particular outcome in any Court will occur in any particular case. It is not, and should be read as, a complete or authoritative analysis of the state of law, which is constantly subject to change.

"Journey to Justice" - The Web Log of Civil Rights Trial Lawyer Kevin M. Costello, Esq. (www.costellomains.com).