Lewis v. Harris
Lewis v. Harris | |
---|---|
John E. Wallace, Jr., Roberto A. Rivera-Soto | |
Case opinions | |
Majority | Albin, joined by Rivera-Soto, LaVecchia, and Wallace |
Concur/dissent | Poritz, joined by Long and Zazzali |
Lewis v. Harris, 188 N.J. 415; 908
Lawsuit
Seven same-sex couples, ten women and four men, filed suit in state Superior Court in June 2002 claiming that denying them access to marriage violated the liberty and equal protection guarantees of the New Jersey Constitution. Each couple had been denied a marriage license. They were represented by Lambda Legal. They named as defendants Gwendolyn L. Harris, the Commissioner of the New Jersey Department of Human Services, and other state officials. The plaintiffs lost in Superior Court and again in the Appellate Division.[1][2]
The
Decision
The court's seven justices ruled on October 25, 2006, that same-sex couples are entitled to the same equal protection as heterosexual couples under the
Majority Opinion
Associate Justice
Concurrence/Dissent
Chief Justice Deborah Poritz authored an opinion joined by Justices Virginia Long and James R. Zazzali. She concurred with the majority's holding that the State's Constitution's due process clause required same-sex couples to have the same benefits as heterosexual marriages. But she dissented from the majority allowing the state to only enact civil unions rather than marriage rights. Poritz wrote: "We must not underestimate the power of language". Assessing the conflict over the name given to same-sex relationships, one legal scholar thought that the court's majority had found a politically acceptable compromise: "This makes sense as statesmanship. The word 'marriage' seems to push people's buttons in a major way."[5]
Legislative response
The New Jersey legislature opted not to legalize same-sex marriage, but instead passed a bill establishing civil unions.[6] Governor Jon Corzine signed the Civil Union Act on December 21, 2006, and it took effect on February 19, 2007. A year later, as required by the Civil Union Act, the legislature created a commission to examine how the law was working and to consider alternatives.[7] The commission unanimously recommended that the legislature legalize same-sex marriage.[8] New Jersey Governor Jon Corzine said he would sign such legislation, but wanted to wait until after the 2008 presidential election. The New Jersey Senate Judiciary committee approved the Freedom of Religion and Equality in Civil Marriage Act by a 7-6 vote. The full Senate defeated it 20-14 on January 7, 2010.[9] Republican Governor-elect Chris Christie said that he would not sign a marriage equality bill.[9]
Later litigation
After the Senate vote against same-sex marriage, Garden State Equality, in partnership with Lambda Legal, announced that it would ask the New Jersey Supreme Court to recognize the legislature's failure to comply with Lewis v. Harris. The court dismissed that motion.[10]
After the
See also
- LGBT rights in New Jersey
- Same-sex marriage in the United States
- Recognition of same-sex unions in New Jersey
References
- ^ "Appellate Division, Lewis v. Harris, June 14, 2005". Google Scholar. Retrieved December 10, 2014.
- ^ "Lewis v. Harris, June 14, 2005" (PDF). NJ Appellate Division. Archived from the original (PDF) on October 3, 2005. Retrieved July 21, 2016.
- ^ Chen, David W. (October 26, 2006). "New Jersey Court Backs Full Rights for Gay Couples". New York Times. Retrieved December 10, 2014.
- ^ Mansnerus, Laura (October 26, 2006). "Party Lines Are No Guide To Opinions By Justices". New York Times. Retrieved December 10, 2014.
- ^ Liptak, Adam (October 26, 2006). "Justices Agree on All but the 'M' Word and Its Attached Symbolism". New York Times. Retrieved December 10, 2014.
- ^ Mansnerus, Laura (December 15, 2006). "Legislators Vote for Gay Unions in N.J." New York Times. Retrieved December 10, 2014.
- ^ Kelley, Tina (October 28, 2007). "New Jersey Civil Union Law Has Fallen Short in Its First Year, Commission Is Told". New York Times. Retrieved December 10, 2014.
- ^ Kelley, Tina (February 20, 2008). "Commission Report Cites Flaws in New Jersey Civil Union Law". New York Times. Retrieved December 10, 2014.
- ^ a b Kocieniewski, David (January 7, 2010). "New Jersey Senate Defeats Gay Marriage Bill". New York Times. Retrieved December 10, 2014.
- ^ "New Jersey Supreme Court Declines Gay Marriage Case". New York Times. Associated Press. July 26, 2010. Retrieved December 10, 2014.
- ^ Zernicke, Kate (September 27, 2013). "Judge Orders New Jersey to Allow Gay Marriage". New York Times. Retrieved December 10, 2014.
External links
- Works related to Lewis v. Harris at Wikisource
- Text of Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 (N.J. 2006) is available from: CourtListener Findlaw Google Scholar