The New Jersey Legislature Needs to Codify Marriage Equality
Were 'Obergefell' reversed, the right of same-sex couples in New Jersey to marry would rely solely on the slender thread of a decision by a Mercer County trial court judge.
December 09, 2021 at 11:00 AM
4 minute read
Family LawOn Sept. 27, 2013, Hon. Mary Jacobson, sitting in the Superior Court in Trenton, ruled in Garden State Equality v. Dow, 434 N.J. Super. 163 (Law Div. 2013), that New Jersey's exclusion of same-sex couples from civil marriage violated the equal protection guarantee of the New Jersey Constitution. Judge Jacobson found the legislative "fix" of creating civil unions, a parallel, "separate, but equal" status for same-sex couples failed to meet the intent of the 2006 New Jersey Supreme Court decision in Lewis v. Harris, 188 N.J. 415 (2006). The Harris court unanimously held that that same-sex couples are entitled to all of the same rights, privileges, and obligations of marriage as opposite-sex couples.
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