NJ court hears marriage case

The push for marriage equality in the Garden State moved forward in a New Jersey courtroom last week. Oral arguments were held Aug. 15 in Trenton in a case in which several same-sex couples are suing for marriage equality. The plaintiffs, with Garden State Equality and Lambda Legal, filed suit in 2011, and earlier this summer filed a motion for summary judgment, asking Superior Court Judge Mary Jacobson to immediately rule that the state’s civil-union law is unconstitutional on account of the June U.S. Supreme Court ruling overturning a key provision of the federal ban on same-sex marriage. Lambda Legal Deputy Director Hayley Gorenberg and co-counsel Lawrence S. Lustberg of Gibbons, P.C., are arguing the case. Jacobson will rule on the matter this fall. In last week’s oral arguments, Gorenberg said New Jersey’s civil-unions law is violating a 2006 court order that requires the state to treat same-sex couples equally. “The state’s discrimination is all that bars same-sex couples from the full array of federal protections for their families,” Gorenberg said in a statement. “New Jersey can fix this, and it should.” The path to last week’s hearing started in 2002 with Lewis V. Harris, where seven New Jersey same-sex couples sued for state recognition. The court ultimately ruled that same-sex couples should be provided the same benefits as heterosexual couples, paving the way for the legislature’s adoption of a civil-union law. But, the couples are arguing that title is not universally understood and that they still face discrimination and bias. Plaintiff Cindy Meneghin said she, her partner Maureen Kilian and their two children are looking forward to a final resolution in the lengthy case. “We were prepared for a long, hard road for our family and for other same-sex couples and their kids,” Meneghin said. “The U.S. Supreme Court decision striking down DOMA was historic for the nation but out of reach for us here in New Jersey. We won’t give up until we have the freedom to marry and the opportunity to share that security and joy with our family.” In addition to the court case, some marriage-equality advocates are calling on state lawmakers to override Gov. Chris Christie’s veto of a same-sex marriage bill. Garden State Equality executive director Troy Stevenson said his agency is exploring a number of options. “Garden State Equality was proud to help initiate this historic case,” he said. “We have long been leading the charge for equality, and we will continue to pursue every available avenue to make sure New Jersey’s same-sex couples enjoy the dignity of marriage as quickly as possible.”

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