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Response to Hissyspit (Original post)

Wed Jul 3, 2013, 08:23 PM

4. There asking for summery Judgement - more info here:


Last week, Lambda Legal announced a plan to file a motion for summary judgment in the New Jersey Superior Court on behalf of Garden State Equality, a New Jersey LGBT rights organization, and seven same-sex couples in an outstanding case that argues the state’s regime of civil unions but not marriage equality constitutes an unequal and unconstitutional abridgment of LGBT New Jerseyans’ rights. From Lambda Legal’s press release:

“The demise of DOMA Section 3 means that New Jersey’s marriage discrimination is all that bars same-sex couples and their families from the full range of federal rights, benefits, and protections. With this new legal landscape, New Jersey’s same-sex couples and their children need swift action,” said Hayley Gorenberg, Lambda Legal Deputy Legal Director.

“In Lambda Legal’s original New Jersey marriage case, Lewis v. Harris, the New Jersey Supreme Court ruled in 2006 that it is unconstitutional to give same-sex couples lesser rights than different-sex couples. In 2013, after the defeat of DOMA, there is nothing left to debate – couples in civil unions are not being treated equally under the law.”
If the motion for summary judgment is approved, the case could be decided without any need for a trial or for further oral arguments.

As ThinkProgress notes, the New Jersey Supreme Court held in 2006 in a case called Lewis v. Harris that “the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state constitution.” In that decision, the court ordered the state legislature to remedy the situation within 180 days. A few months later, the legislature passed a civil unions laws and also established the New Jersey Civil Union Review Commission, which was tasked with evaluating civil unions to determine whether they provided the same rights and protections as marriages....

The Commission found civil unions didn't provide the same rights and protections saying, “the separate categorization established by the Civil Union Act invites and encourages unequal treatment of same-sex couples and their children.”

(This is not a new case, its been in the system for a while and has potential to move quickly).

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Hissyspit Jul 2013 OP
SoapBox Jul 2013 #1
idwiyo Jul 2013 #2
Ruby the Liberal Jul 2013 #3
LineNew Reply There asking for summery Judgement - more info here:
FreeState Jul 2013 #4
FreeState Jul 2013 #5
Tx4obama Jul 2013 #7
obama2terms Jul 2013 #6
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