Case: Lewis v. Harris

New Jersey state trial court

Filed Date: 2006

Clearinghouse coding in progress

Case Summary

In June 2002, seven same-sex couples in New Jersey, represented by Lambda Legal, brought suit in New Jersey state court seeking marriage equality for gay and lesbian couples in New Jersey. In November 2003, the state trial court upheld the exclusion of same-sex couples from marriage in New Jersey; this decision was affirmed by the appellate division in June 2005. In October 2006, the seven justices of the New Jersey Supreme Court unanimously reversed. The state Supreme Court agreed with the …

In June 2002, seven same-sex couples in New Jersey, represented by Lambda Legal, brought suit in New Jersey state court seeking marriage equality for gay and lesbian couples in New Jersey. In November 2003, the state trial court upheld the exclusion of same-sex couples from marriage in New Jersey; this decision was affirmed by the appellate division in June 2005. In October 2006, the seven justices of the New Jersey Supreme Court unanimously reversed. The state Supreme Court agreed with the plaintiffs that denying same-sex couples the rights and benefits different-sex couples obtain through marriage was unconstitutional, but it declined to mandate that marriage was specifically required, instead giving the state legislature 180 days to choose either marriage or an alternate system that would provide equality.

In December 2006, the New Jersey Legislature passed a civil union bill, under which New Jersey became the fifth state to provide same-sex couples with marriage or a legal package of rights and responsibilities parallel to marriage, joining California, Connecticut, Massachusetts and Vermont. Civil unions fell short of marriage, however, [HOW]. In December 2008, the New Jersey Civil Union Review Commission, appointed by the legislature, concluded that civil unions are insufficient and do not provide equality. Nonetheless, in January 2010, the New Jersey Senate voted down a marriage equality bill.

So in March 2010 Lambda sought to reactivate this case, filing a paper titled "Motion in Aid of Litigants' Rights". In July 2010, the state Supreme Court denied that motion.

The legislature hastily passed a civil union law in December 2006. In December 2008 the Civil Union Review Commission, appointed by the legislature, issued its report documenting how civil unions fall short of providing the court-mandated equality for same-sex couples. In January 2010, days before the legislative session ended, the New Jersey Senate voted on and failed to pass a marriage equality law. On March 18, 2010, Lambda Legal filed a motion asking the New Jersey Supreme Court to intercede and order marriage to secure compliance with its original mandate of equality for the Lewis v. Harris plaintiffs.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6147049/parties/kim-potoczny-v-nationstar-mortgage/


Judge(s)

Albin, Barry T. (New Jersey)

Collester, Donald G. Jr. (New Jersey)

Hoens, Helen E. (New Jersey)

LaVecchia, Jaynee (New Jersey)

Long, Virginia (New Jersey)

Rabner, Stuart (New Jersey)

Rivera-Soto, Roberto A. (New Jersey)

Attorneys(s) for Plaintiff

Aronson, Adam (New York)

Buckel, David S. (New York)

Ching, Jennifer (New Jersey)

Judge(s)

Albin, Barry T. (New Jersey)

Collester, Donald G. Jr. (New Jersey)

Hoens, Helen E. (New Jersey)

LaVecchia, Jaynee (New Jersey)

Long, Virginia (New Jersey)

Rabner, Stuart (New Jersey)

Rivera-Soto, Roberto A. (New Jersey)

Attorneys(s) for Plaintiff

Aronson, Adam (New York)

Buckel, David S. (New York)

Ching, Jennifer (New Jersey)

Condon, Jennifer B. (New Jersey)

Connor, Eileen Mathews (New York)

Gorenberg, Hayley J. (New York)

Lustberg, Lawrence S. (New Jersey)

Attorneys(s) for Defendant

Harlow, Ruth E. (New York)

Documents in the Clearinghouse

Document

NO. L-00-4233-02

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND IN LIEU OF PREROGATIVE WRITS

New Jersey state supreme court

Oct. 8, 2002

Oct. 8, 2002

Complaint

A-2244-03T5

Dissenting Opinion

New Jersey state appellate court

June 14, 2005

June 14, 2005

Order/Opinion

A-68-05)

Opinion

Winslow v. Harris

New Jersey state supreme court

Oct. 25, 2006

Oct. 25, 2006

Order/Opinion

A-2244-03T5

58,389

Brief in Support of Plaintiffs' Motion in Aid of Litigants' Rights

New Jersey state supreme court

March 18, 2010

March 18, 2010

Pleading / Motion / Brief

1;10-3

Order

New Jersey state supreme court

July 26, 2010

July 26, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6147049/kim-potoczny-v-nationstar-mortgage/

Last updated July 29, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: 2006

Plaintiffs

Attorney Organizations:

Lambda Legal

Issues

General:

Gay/lesbian/transgender

Marriage