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At about 3:00 PM Eastern Time, the Supreme Court of New Jersey will be issuing a ruling in Lewis v. Harris, in which seven gay couples have sued the state, demanding marriage certificates. Judging by the oral argument from February, which you can watch online, the plaintiffs have a very good chance of prevailing. Two of the seven justices asked no questions; if I'm reading between the lines of the others' questions correctly, the state can count on only one vote while the plaintiffs have two for certain and another two that seemed to be leaning in their direction. New Jersey has a reputation for activist jurisprudence, which isn't surprising given that the state's constitution opens with a sweeping declaration of vaguely enumerated rights. The case for gay marriage by judicial fiat isn't really such a stretch in light of declared "natural and unalienable rights, among which are those of ... pursuing and obtaining safety and happiness."

This could have profound implications, both politically and legally. Stay tuned.

topics:
Constitution, Law, Supreme Court