Last Friday a superior court in New Jersey held that a “marriage equality” suit may proceed. The ruling had the effect of partially denying a motion to dismiss filed by New Jersey Attorney General Paula Dow.
The complaint against the state was filed by Lambda Legal on behalf of Garden State Equality (GSE), a statewide “gay rights” organization. Joining the suit as co-plaintiffs are seven homosexual couples and their children who all claim to have suffered under various provisions of the Garden State’s current civil union statute.
The complainants have requested that the court declare the civil union law unconstitutional and enjoin enforcement of it. Specifically, the suit argues that as applied to citizens of the state of New Jersey, the law at issue violates the Due Process and Equal Protection clauses of the 14th Amendment of the U.S. Constitution, as well as similar provisions of the New Jersey state constitution.
The 14th Amendment reads in relevant part:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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Governor Chris Christie (pictured)