By Frank Lautenberg

We have witnessed many civil rights battles in America, but the civil rights battle of the moment is marriage equality.



Same-sex couples who agree to enter committed, long-term relationships should be able to enjoy the same legal protections as other families.

Gov. Chris Christie disagrees.

Making matters worse, the governor is trying to hide his position by punting this civil rights issue to a referendum, saying, “I think people would have been happy to have a referendum on civil rights rather than fighting and dying in the streets in the South.”

This was a shameful statement and the governor’s half-hearted apology doesn’t change the fact that he wants to hide behind a referendum to avoid showing leadership on one of the most significant civil rights issues of our time.

African-Americans achieved civil rights through the persistent, tireless work of heroes such as my colleague Rep. John Lewis (D-Ga.). They staged boycotts, sit-ins and freedom rides and marched on Washington, where they pushed hard to outlaw racial discrimination and extend voting rights to every American. These triumphs were ultimately realized by acts of legislatures and rulings by courts.

Civil rights are not gained by referendum. Can you imagine the outcome of a Mississippi public referendum in 1964?

The governor should also stop using schoolyard insults against people such as Assemblyman Reed Gusciora (D-Mercer) who’ve rightly criticized him on this matter.

Make no mistake: We can’t allow the governor’s name-calling to distract us from the real issue here, which is that civil rights are achieved through legislative and judicial action — not at the ballot box.

In 1990, Congress passed the Americans with Disabilities Act, the landmark law that broke down barriers for individuals with disabilities.

We cannot imagine permitting discrimination against disabled Americans today, but at the time, this legislation was controversial. If the ADA had been put to a popular vote, it’s questionable whether it would have passed.

The governor’s call for a referendum on marriage equality reveals a deep misunderstanding of the American tradition of protecting minority rights.

James Madison famously wrote, “It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part.”

Frankly, I am stunned our governor, a lawyer by training, is ignoring this American legal tradition.

It’s equally surprising the governor, who has built his reputation on his willingness to tackle “tough” issues head-on, is so eager to pass the buck on marriage equality.

By wanting to put this issue on the November ballot, he seems to be saying to New Jersey voters: “You guys decide. I’m staying out of it.”

That’s not leadership.

If this issue came to referendum, I have faith many New Jerseyans would vote to do the right thing, but I also recognize that many others are still “evolving” on same-sex marriage.

My own views have evolved over time, and today I’m proud to stand with the proponents of equality.

The governor should join us — once he’s reacquainted himself with American history.

Frank Lautenberg is a Democratic U.S. senator from New Jersey.