Garden State Equality v. Dow

Garden State Equality v. Dow is a landmark New Jersey court case that challenged the state's Defense of Marriage Act-like law, which defined marriage as between one man and one woman, thereby denying same-sex couples the right to marry. The case was brought by Garden State Equality, a New Jersey-based LGBT rights organization, and Lambda Legal, a national LGBT rights organization, on behalf of seven same-sex couples and their children, including Jon Cooper and Steven Goldstein. The case was argued by Hayley Gorenberg of Lambda Legal and Lawrence Lustberg of Gibbons P.C., with support from American Civil Liberties Union and National Center for Lesbian Rights.

Background

The case has its roots in the New Jersey Supreme Court's 2006 decision in Lewis v. Harris, which held that same-sex couples were entitled to the same rights and benefits as opposite-sex couples, but did not necessarily have the right to marry. In response, the New Jersey Legislature passed the Civil Union Act, which created a separate institution for same-sex couples, but did not provide them with the same rights and benefits as married couples. This led to widespread criticism from LGBT rights organizations, including Garden State Equality and Human Rights Campaign, which argued that the law was discriminatory and did not provide true equality for same-sex couples. The case was also supported by New Jersey United Methodist Church and Rabbi Jesse Olitzky of Congregation Beth El.

Case

The plaintiffs in the case, including Marsha Shapiro and Louisa Rodriguez, argued that the Civil Union Act was unconstitutional because it denied them the right to marry, which is a fundamental right guaranteed by the New Jersey Constitution and the United States Constitution. They also argued that the law was discriminatory because it treated same-sex couples differently than opposite-sex couples, in violation of the Equal Protection Clause of the United States Constitution and the New Jersey Law Against Discrimination. The case was closely watched by National Organization for Marriage and Family Research Council, which opposed the plaintiffs' claims. The plaintiffs were supported by American Psychological Association, American Medical Association, and American Academy of Pediatrics, which filed amicus briefs in support of the plaintiffs.

Procedural History

The case was filed in the New Jersey Superior Court in 2011 and was initially dismissed by the trial court. The plaintiffs appealed the decision to the New Jersey Appellate Division, which reversed the trial court's decision and remanded the case for further proceedings. The case was then heard by the New Jersey Superior Court, which ruled in favor of the plaintiffs in 2013. The decision was appealed by the State of New Jersey to the New Jersey Supreme Court, which declined to hear the case, allowing the lower court's decision to stand. The case was also supported by New Jersey State Bar Association and Association of the Federal Bar of New Jersey.

Judgment

The New Jersey Superior Court's decision in the case held that the Civil Union Act was unconstitutional because it denied same-sex couples the right to marry. The court ruled that the law was discriminatory and violated the Equal Protection Clause of the United States Constitution and the New Jersey Law Against Discrimination. The decision was a major victory for LGBT rights organizations, including Garden State Equality and Lambda Legal, which had argued the case. The decision was also praised by New Jersey Governor Jon Corzine and New Jersey Governor Chris Christie, who had previously opposed same-sex marriage but later changed his position.

Impact

The decision in the case had a significant impact on the LGBT rights movement in New Jersey and beyond. It paved the way for the legalization of same-sex marriage in New Jersey and other states, including California, New York, and Washington. The decision was also cited in other court cases, including United States v. Windsor, which struck down the federal Defense of Marriage Act. The case was also supported by National Association of Social Workers and American Association of University Women. The decision was praised by Barack Obama, Hillary Clinton, and Joe Biden, who had all previously supported LGBT rights.

Aftermath

The decision in the case was met with widespread celebration from LGBT rights organizations and supporters, including Troy Stevenson of Garden State Equality and Kevin Cathcart of Lambda Legal. The case was also recognized by New Jersey Legislature, which passed a resolution honoring the plaintiffs and their attorneys. The case has been cited as an example of the importance of LGBT rights litigation and the impact that court cases can have on social change. The case was also supported by New Jersey State AFL-CIO and New Jersey Education Association. The decision was praised by Rabbi David Saperstein of Religious Action Center of Reform Judaism and Bishop Gene Robinson of Episcopal Diocese of New Hampshire. Category:LGBT rights in the United States