Quote:
Originally posted by Tyrone Slothrop
What if the law says, men and women can marry and if they do they get the following benefits: a, b and c. Another law says, same-sex couples can form civil unions and if they do they get the following benefits: a and b. A same-sex couple sues and says, under the NJ equivalent of the equal protection clause, we should get c too. In your view, should the court say that the legislature can't let people get married? Or can it say that same-sex couples in (previously permitted) civil unions get c.
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I think I would view this as a conflict of statutes, because either, independently, do not violate. It is only when read in conjunction that there is an issue. So either same-sex get c, or different sex only get a and b.
