Case: Garden State Equality v. Dow

MER-L-1729-11 | New Jersey state trial court

Filed Date: June 29, 2011

Closed Date: 2013

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Case Summary

On June 29, 2011, an organization advocating for LGBT rights in New Jersey, along with twelve same-sex couples and their children, filed a lawsuit in the Mercer County Superior Court of New Jersey under the equal protection clauses of the New Jersey and U.S. Constitutions. The plaintiffs asked the court for a declaration that same-sex couples' exclusion from the institution of marriage violated their constitutional rights. The plaintiffs also sought an injunction preventing the state from (1) denying them access to civil marriage, (2) maintaining the unequal legal status of "civil union" solely for same-sex couples, and (3) refusing to recognize same-sex marriages legally obtained in other jurisdictions. Specifically, the plaintiffs claimed that the denial of the legal status of "marriage" and "spouse" for same-sex couples caused their families civic and commercial harms by excluding them from benefits and protections equal to those given to married couples. On July 3, 2013, the plaintiffs moved for summary judgment, relying on the U.S. Supreme Court decision in U.S. v. Windsor, which held that restricting the federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions was unconstitutional under the Due Process Clause of the Fifth Amendment.On September 27, 2013, the New Jersey Superior Court (Honorable Mary C. Jacobson A.J.S.C), granted the motion for summary judgment and found for the plaintiffs, ordering the State of New Jersey to permit any and all same-sex couples, who otherwise satisfied the requirements to enter into a civil marriage, to marry in New Jersey.The governor and the attorney general of New Jersey attempted to delay same-sex marriages through an appeal to the New Jersey State Supreme Court, but withdrew this appeal on October 21, 2013. On October 21, 2013, same-sex marriage became legal in New Jersey. This case is now closed.

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Summary Authors

Katrina Fahey (10/28/2013)

Clearinghouse (11/1/2015)

People

Judge(s)

Feinberg, Linda R. (New Jersey)

Jacobson, Mary C. (New Jersey)

Attorney for Plaintiff

Connor, Eileen Mathews (New York)

Gorenberg, Hayley J. (New York)

Attorney for Defendant

Jesperson, Kevin R. (New Jersey)

Judge(s)

Feinberg, Linda R. (New Jersey)

Jacobson, Mary C. (New Jersey)

Rabner, Stuart (New Jersey)

Attorney for Plaintiff

Connor, Eileen Mathews (New York)

Gorenberg, Hayley J. (New York)

Lustberg, Lawrence S. (New Jersey)

Pedro, Portia D. (New Jersey)

Yaster, Benjamin (New Jersey)

Attorney for Defendant

Jesperson, Kevin R. (New Jersey)

Reilly, Jean P. (New Jersey)

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Documents in the Clearinghouse

	Document
MER-L-1729-11	Docket	July 8, 2011	July 8, 2011 Docket
MER-L-1729-11	Complaint for Declaratory and Injunctive Relief	June 29, 2011	June 29, 2011 Complaint
MER-L-1729-11	Opinion	Feb. 21, 2012	Feb. 21, 2012 Order/Opinion 2012 WL 5687193
MER-L-1729-11	Order Granting Plaintiff's Motion for Summary Judgment and Entering Final Judgment in Favor of Plaintiffs New Jersey state supreme court	Sept. 27, 2013	Sept. 27, 2013 Order/Opinion 82 A.3d 336
073328	Order (Jurisdiction) New Jersey state supreme court	Oct. 11, 2013	Oct. 11, 2013 Order/Opinion
073328	Opinion (On a motion for stay pending appeal) New Jersey state supreme court	Oct. 18, 2013	Oct. 18, 2013 Order/Opinion 79 A.3d 1036

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...
Garden State Equality v. Paula Dow ACLU New Jersey	In 2011, Lambda Legal filed suit on behalf of Garden State Equality and six same-sex families against the state, arguing that New Jersey’s civil union system, which the legislature created to provide…	Oct. 21, 2013	Oct. 21, 2013 https://web.archive.org/...
Garden State Equality, et al. v. Dow, et al Lambda Legal	After nearly a decade fighting for marriage equality in New Jersey, Lambda Legal is back in court representing six same-sex couples and their children harmed from the unequal civil union system, and …	Oct. 18, 2013	Oct. 18, 2013 https://www.lambdalegal.org/...

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Docket

Last updated Aug. 30, 2023, 1:33 p.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: June 29, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Garden State Equality (“GSE”), the largest organization advocating for LGBT rights in New Jersey, and twelve committed same-sex couples and their children.

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner of the New Jersey Department of Human Services, State

Commissioner of the New Jersey Department of Health and Senior Services, State

State of New Jersey, State

Defendant Type(s):

Jurisdiction-wide