Recently, the Supreme Court of New Jersey said it would allow same-sex marriages to stand despite any attempt at appeal. In response, on Oct. 21, Gov. Chris Christie finally withdrew his appeal to outlaw same-sex marriage in New Jersey.

New Jersey is now the 14th state to recognize — and provide state benefits to — couples in same-sex marriages.

This is a small but important step in the fight for same-sex marriage in this country. It is also a message to the 36 states that still do not recognize same-sex marriages. However, it is discouraging that legislatures have been all but unresponsive to the fight for same-sex marriage, forcing courts to play an activist role.

Conservative pundits are predicting that by withdrawing his appeal in New Jersey, Chris Christie severely damaged his presidential aspirations.

But this is preposterous. Withdrawing his appeal does not imply that he changed or reversed his stance on same-sex marriage.

For this same reason, Democrats and Independents should not rush to support the new “centrist” Chris Christie. Withdrawing his appeal had nothing to do with Christie acknowledging changing cultural norms nor did it have anything to do with a personal acceptance of gay rights.

Most importantly, Chris Christie’s rejection of same-sex marriage does not reflect the changing views of Americans.

Currently, 50 percent of the country supports same-sex marriage, with 43 percent in opposition and nearly 8 percent stating they do not know which side they’re on, according to the Pew Research Center. The data reveal that 65 percent of people between the ages of 18 and 29 from both political parties support same-sex marriage. As is to be expected, the percentage in support of same-sex marriage decreases as the age of those surveyed increases.

However, legislative inaction on the issue is forcing courts to take a lead role. Republicans in Congress and state legislatures are forcing the courts — normally last to respond to cultural changes — to take the role of lawmaking bodies in order to pass necessary reforms.

In June, the Supreme Court of the United States ruled that the Defense of Marriage Act was unconstitutional. This made all same-sex marriages legal in the eyes of the federal government.

Despite the positive implications of the Court’s ruling on DOMA, it did leave the ultimate decision on same-sex marriages up to the states.

On Oct. 23, the Supreme Court in New Mexico heard arguments in a case that could determine whether New Mexico recognizes same-sex marriages. New Mexico Republican lawmakers filed the lawsuit, which points directly to a widespread legislative failure regarding rights for same-sex couples.

For comprehensive legislative change to take place in this important area, lawmakers will have to accept that past cultural norms are changing. The denial of marriage because of one’s sexual orientation is a violation of the equal rights granted to all citizens under our Constitution.

Trying to pass off civil unions as equivalent to marriage is parallel to the “separate but equal” doctrine of the early 1900s. But this still does not give equal rights to all.

Laws are meant to adjust to societal norms, not the other way around. But laws also reflect the beliefs of the lawmakers themselves.

As the younger generation begins taking political office, expect a quick reversal of the current, prohibitive laws regarding same-sex marriage.

Michael Hacker is a senior political science major. His column appears weekly. He can be reached at mahacker@syr.edu and followed on Twitter at @mikeincuse.

Published on October 31, 2013 at 1:57 am