BAR REPORT - Dec. 20, 2021
Marriage equality bill moves forward; Correction to previous Capitol Report; NJSBA advocates for more nuanced approach to Wilson rule, and offers help
December 21, 2021 at 11:00 AM
9 minute read
NJSBA headquarters, New Brunswick, NJ. Credit: Google
Capitol Report
Marriage equality bill moves forward
The New Jersey State Bar Association (NJSBA) supports A-5367 (Huttle)/S-3416 (Sweeney), which codifies "same-sex marriage" in New Jersey's statutes. The bill passed the Senate Budget and Appropriations Committee and is headed to a full vote of the Legislature today.
As of now, the right to marry emanates from a decision by Judge Mary Jacobson, who issued a ruling in Garden State Equality v. Dow, 434 N.J. Super. 163 (Law Div. 2013), that prohibiting same-sex marriages violated the equal protection guarantee of the New Jersey Constitution. Jacobson granted summary judgment in favor of the plaintiffs to permit same-sex marriages. The ruling is the basis of the right to marry today. The bill would codify this right and also amend the marriage statute to be gender neutral.
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