Lewis v. Harris

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Lewis v. Harris
Seal of New Jersey.svg
Court New Jersey Supreme Court
DecidedOctober 25, 2006
Citations 188 N.J. 415; 908 A.2d 196 (2006)
Case history
Subsequent actionsMotion to enforce litigant's rights, dismissed without prejudice, 202 N.J. 340 (2010)
Court membership
Chief judge Deborah T. Poritz
Associate judges Virginia Long, Jaynee LaVecchia, James R. Zazzali, Barry T. Albin, John E. Wallace, Jr., Roberto A. Rivera-Soto
Case opinions
MajorityAlbin, joined by Rivera-Soto, LaVecchia, and Wallace
Concur/dissentPoritz, joined by Long and Zazzali

Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 (N.J. 2006), is a New Jersey Supreme Court case that held that the state's marriage laws violated the rights of same-sex couples to equal protection of the law under the state constitution. Four of the seven justices ruled that the legislature must, within six months, either amend marriage laws or create civil unions. In response, the legislature created the status of civil unions for same-sex couples.

Contents

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 New Jersey Supreme Court heard oral arguments on February 15, 2006.

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 New Jersey State Constitution. The court unanimously held that current state law is unconstitutional with respect to the equal protection of same sex couples, but divided as to the appropriate remedy. Four justices ruled that the legislature must either amend marriage laws or create civil unions within six months. The three justices in the minority argued that the legislature should be required to amend the state's marriage law to include same-sex couples. [3]

Majority Opinion

Associate Justice Barry T. Albin authored the majority opinion. Chief Justice Deborah T. Poritz wrote the dissent, issuing it in her final day as a member of the court. Associate Justice James R. Zazzali, who was sworn in as Chief Justice the following day, joined in her dissent. There were both Democrats and Republicans in the majority and the minority. All four in the majority were appointed by Democratic governors, all those in the minority by Republicans. [4] Justice Albin asked "What's in a name?" as he considered the appropriate remedy. Deciding to allow the legislature to determine what name to give to legal same-sex relationships, he wrote: "If the age-old definition of marriage is to be discarded, such change must come from the crucible of the democratic process." He noted that "same-sex couples will be free to call their relationship by the name they choose."

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 U.S. Supreme Court ruling in United States v. Windsor in June 2013, the Lewis plaintiffs joined in a new lawsuit, Garden State Equality v. Dow , seeking a ruling that the status of civil unions failed to establish equal rights for same-sex couples. Their suit was successful. The trial court ruled that the fact that the federal government did not recognize New Jersey's civil unions as the equivalent of marriage established that same-sex couples in civil unions continued to be denied equal protection. [11]

See also

Related Research Articles

Baker v. Vermont, 744 A.2d 864, was a lawsuit decided by Vermont Supreme Court on December 20, 1999. It was one of the first judicial affirmations of the right of same-sex couples to treatment equivalent to that afforded different-sex couples. The decision held that the state's prohibition on same-sex marriage denied rights granted by the Vermont Constitution. The court ordered the Vermont legislature to either allow same-sex marriages or implement an alternative legal mechanism according similar rights to same-sex couples.

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex couples.

A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.

<span class="mw-page-title-main">Same-sex marriage in the United States</span>

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

<i>Goodridge v. Department of Public Health</i> 2003 US state court case which legalized gay marriage in Massachusetts

Goodridge v. Dept. of Public Health, 798 N.E.2d 941, is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.

<span class="mw-page-title-main">Supreme Court of New Jersey</span> Highest court in the U.S. state of New Jersey

The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an associate justice of the Supreme Court of the United States.

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, it passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

James Ronald Zazzali is an American jurist who served as Chief Justice of the New Jersey Supreme Court from October 26, 2006, until his retirement on June 17, 2007. He previously served as an associate justice of the Supreme Court from June 14, 2000.

Stuart Jeff Rabner is the chief justice of the New Jersey Supreme Court. He served as New Jersey Attorney General, chief counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.

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<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

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<i>Varnum v. Brien</i>

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Deborah Tobias Poritz is an American jurist. She was the chief justice of the New Jersey Supreme Court from 1996 to 2006, and was the Attorney General of New Jersey from 1994 to 1996, in both cases becoming the first woman to serve in that position.

Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that allowing same-sex couples to form same-sex unions but not marriages violates the Connecticut Constitution. It was the third time that a ruling by the highest court of a U.S. state legalized same-sex marriage, following Massachusetts in Goodridge v. Department of Public Health (2003) and California in In re Marriage Cases (2008). The decision legalized same-sex marriage in Connecticut when it came into effect on November 12, 2008. There were no attempts made to amend the state constitution to overrule the decision, and gender-neutral marriage statutes were passed into law in 2009.

<span class="mw-page-title-main">LGBTQ rights in New Jersey</span>

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United States v. Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Garden State Equality v. Dow, 82 A. 3d 336 is a New Jersey Superior Court case holding that New Jersey's marriage laws violated the rights of same-sex couples to equal protection of the law under the New Jersey State Constitution. The ruling was issued on September 27, 2013. The Superior Court and the Superior Court, Appellate Division refused the State's request for a stay of the trial court's order, and the New Jersey Supreme Court refused to do so on a 7–0 vote. The ruling took effect on October 21, 2013. On the same day, New Jersey Governor Chris Christie dropped the State's plans to appeal, ending the denial of marriage rights to same-sex couples in New Jersey.

References

  1. "Appellate Division, Lewis v. Harris, June 14, 2005". Google Scholar. Retrieved December 10, 2014.
  2. "Lewis v. Harris, June 14, 2005" (PDF). NJ Appellate Division. Archived from the original (PDF) on October 3, 2005. Retrieved July 21, 2016.
  3. Chen, David W. (October 26, 2006). "New Jersey Court Backs Full Rights for Gay Couples". New York Times. Retrieved December 10, 2014.
  4. Mansnerus, Laura (October 26, 2006). "Party Lines Are No Guide To Opinions By Justices". New York Times. Retrieved December 10, 2014.
  5. Liptak, Adam (October 26, 2006). "Justices Agree on All but the 'M' Word and Its Attached Symbolism". New York Times. Retrieved December 10, 2014.
  6. Mansnerus, Laura (December 15, 2006). "Legislators Vote for Gay Unions in N.J." New York Times. Retrieved December 10, 2014.
  7. 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.
  8. Kelley, Tina (February 20, 2008). "Commission Report Cites Flaws in New Jersey Civil Union Law". New York Times. Retrieved December 10, 2014.
  9. 1 2 Kocieniewski, David (January 7, 2010). "New Jersey Senate Defeats Gay Marriage Bill". New York Times. Retrieved December 10, 2014.
  10. "New Jersey Supreme Court Declines Gay Marriage Case". New York Times. Associated Press. July 26, 2010. Retrieved December 10, 2014.
  11. Zernicke, Kate (September 27, 2013). "Judge Orders New Jersey to Allow Gay Marriage". New York Times. Retrieved December 10, 2014.