Dear Mayor:

The New Jersey Supreme Court today ruled, 4-3, in the case of Lewis v. Harris, that equal protection requires that the same legal protections must be granted to same sex committed couples as those given to opposite sex married couples.  Noting that the current domestic partnership statute does not give all of the benefits of marriage, the Court charged the Legislature, within 180 days, to either provide that same sex couples can marry or provide for a civil union for same sex couples that gives all of the same legal rights and benefits that marriage in this state currently provides.  The dissenting three judges would have found that equal protection required that same sex couples be given the right to marry.

Such action by the Legislature will affect not only municipal registrars but municipal benefits provided to employees and dependants.  Unlike the domestic partnership statute, any legislation complying with the Court’s ruling will require that equal benefits be offered to same sex couples entering into either marriage, if that is allowed by the Legislature, or a civil union, if that is the route chosen.

New Jersey Supreme Court Syllabus of A-68-05

We will keep you informed of further developments.  If you have any questions or concerns about this communication, please contact Deborah M. Kole, Staff Attorney, at the League, ex. 37, or at dkole@njslom.com