Recognition of Same-sex Unions in New Jersey - Same Sex Marriage

Same Sex Marriage

The commission formed to review whether civil unions have brought equality to same sex couples has determined that civil unions have failed to provide equal treatment. On December 10, 2008, the Commission unanimously released its finding that marriage laws should be made gender neutral to ensure equal treatment of same sex couples. Governor Corzine had indicated that he would sign a bill to allow same-sex marriage.

On December 7, 2009, the New Jersey Senate Judicial Committee approved a civil marriage equality bill by a vote of 7 to 6, after seven hours of testimony and debate. It was amended in committee to clarify that clergy would not be required to perform weddings for same-sex couples. On January 7, 2010 the New Jersey State Senate defeated the measure in a 20-14 vote.

On June 29, 2011, Lambda Legal filed suit in Superior Court on behalf Garden State Equality, seven same-sex couples, and several of their children, arguing that New Jersey's civil unions do not provide the same rights as marriage as required by the New Jersey Supreme Court's decision in Lewis v. Harris (2006). Mercer County Superior Court Judge Linda Feinberg, ruling on motions in Garden State Equality v. Dow, initially dismissed the plaintiffs' claim that their federal Equal Protection rights were violated when they were denied marriage licenses, but later reinstated it for consideration by the trial court.

The State Senate passed a bill legalizing same-sex marriage on February 13, 2012, and the Assembly passed it on February 16. In neither house was the bill passed by a veto-proof majority. Christie vetoed the bill the next day and called for a constitutional amendment for same-sex marriage to be presented to the voters as a ballot referendum.