(Trenton, New Jersey) A suit challenging a New Jersey law that prevents same-sex marriage will be heard by the state Court of Appeals.
The appeal brief was filed today by Lambda Legal on behalf of seven lesbian and gay couples seeking full marriage.
The suit began in 2002 and is based solely on the New Jersey Constitution. "New Jersey's Constitution requires the state to treat everyone equally, and gay couples aren't treated equally as long as they can't marry," said David Buckel, director of Lambda Legal's Marriage Project and lead attorney in this case.
The appeal follows a lower-court decision late last year in favor of the state, just as the lower court ruled in Massachusetts before that state's high court ruled that same-sex couples must receive marriage licenses starting May 17.
"With Massachusetts couples about to get married, all eyes will turn to New Jersey for a big breakthrough in this historic time," said Buckel.
The seven couples in the case are hoping for a speedy ruling so that the case can move to the state Supreme Court which will make the final decision.
"More and more these last few weeks, people have been asking us if we are going to Massachusetts to get married. We hope to be able to say our vows right here in New Jersey by this time next year," said Karen Nicholson-McFadden, one of the seven couples in the suit.
The seven plaintiff couples in the case have been together between 11 and 32 years. Five of the seven couples have children. All of them want and need the legal security that comes with marriage but has been denied to them.
Earlier this year New Jersey Gov. James E. McGreevey signed a domestic partner bill that will go into effect July1. (story)
Under the new law, same-sex couples will be granted the right to collect the public pensions of deceased partners, guaranteed hospital visitation during illnesses, and qualify to receive health benefits in a partner's name.
But it will still deny many of the rights enjoyed by married couples.
It will not make gay couples eligible for any of the federal benefits of marriage, nor would it give partners the same property rights as married spouses or many child custody rights and obligations heterosexual couples have. It also will not force businesses to offer health coverage to same-sex partners of employees but would require insurance companies to make it available.
Lambda Legal is also involved in marriage equality lawsuits in New York, California and Washington State.
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