Marriage Equality: "One Step Closer To Justice"

by: Bill Orr

Fri Nov 04, 2011 at 06:11:29 PM EDT

With Lamda Legal's attorney Hayley J. Gorenberg appearing in court today on behalf of Garden State Equality and seven same-sex couples and their children, Judge Linda Feinberg rejected the State's effort to dismiss the case.

After the hearing Attorney Gorenberg said, "I am very pleased that the judge agreed that our clients should get their deserved day in court. They have been suffering for years under marriage discrimination. Today is one step closer to justice." On Thursday the lawyers and judge will set up a discovery schedule and create a framework for going forward.

Bill Orr :: Marriage Equality: "One Step Closer To Justice"

In her ruling the judge accepted the lawsuit's claim of denial of equal protection guaranteed in our NJ constitution. In its brief Lamda Legal had said, "Article I Paragraph 1 of The NJ Constitution provides that every person possesses the 'inalienable rights' to enjoy life, liberty, and property and to pursue happiness, and protects against the unequal treatment of those who should be treated alike." Lamda argued that by imposing civil unions on same-sex couples only, New Jersey harms same-sex couples and their children. It further argued that the State's exclusion is unconstitutional under the decision of Lewis v. Harris, in which the NJ Supreme Court recognized that a "parallel statutory structure" could be permissible only if it provided for equal rights and benefits.

Of the four claims in the lawsuit the judge did not agree to review two claims based on the U.S. Constitution (denial of equal protection and due process) and one based on the NJ Constitution (denial of right to marry.)

In spite of Governor Christie's opposition to marriage equality and the Attorney-General's efforts to end the lawsuit, the case will continue to proceed. Its main claim that civil unions do not provide equal protection remains intact. For further information on the matter see this diary of earlier today.