LEWIS v. HARRIS, 188 N.J. 415 (2006), A-68-05, October 25, 2006:
Although a fundamental right to same-sex marriage does not exist in N.J., the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under N.J.’s State Constitution. With this State’s legislative and judicial commitment to eradicating sexual orientation discrimination as the backdrop, denying rights and benefits to committed same-sex couples that are statutorily given to their heterosexual counterparts violates the equal protection guarantee of Article I, Paragraph 1. To comply with this constitutional mandate, the Legislature must either amend the marriage statutes to include same-sex couples or create a parallel statutory structure, which will provide for, on equal terms, the rights and benefits enjoyed and burdens and obligations borne by married couples.
Footnete 28: The Domestic Partnership Act requires, as a condition to the establishment of a domestic partnership, that the partners have “a common residence” and be “otherwise jointly responsible for each other’s common welfare.” N.J.S.A. 26:8A-4(b)(1). Such a condition is not placed on heterosexual couples who marry and thus could not be imposed on same-sex couples who enter into a civil union.
See related Blog Post by Eric S. Solotoff, Esq.
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