Legalization of Gay Marriage in New Jersey
On October 7, 2004, the New Jersey Supreme Court refused to grant direct certification of Lewis v. Harris, a case in which seven same sex couples are seeking to legalize gay marriage. On the other hand, the Court accelerated the appeals process. The Supreme Court’s decision is generally seen as a means of allowing the case to be fully aired-out given the important legal and social issues involved. According to the attorney for the suing couples, the ruling was a sign that the Court understood the significance of the issues without indication how it might eventually rule. Whether the outcome will be effected by the New Jersey Domestic Partnership Act remains to be seen since the trial judge had said that it was up to the legislature, not the courts, to deal with rights of same sex couples. It was shortly after that decision that the Act was passed; however, it fell short of affording same sex couples the complete package of benefits associated with marriage, much less dealing with the issue of same sex marriage itself.
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In a recent development, a trial court judge in California struck down that state’s prohibition on same-sex marriages finding that there was no rational basis for the prohibition. If the decisions survives challenges it signifies a significant step towards legalization of same-sex marriages