Lewis v. Harris
| Lewis v. Harris | |
|---|---|
 |
|
| Court | New Jersey Supreme Court |
| Decided | October 25, 2006 |
| Citation(s) | 188 N.J. 415; 908 A.2d 196 (2006) |
| Case history | |
| Subsequent action(s) | Motion to enforce litigant's rights, dismissed without prejudice, 202 N.J. 340 (2010) |
| Court membership | |
| Chief Judge | Deborah T. Poritz |
| Associate Judges | Virginia Long, Jaynee LaVecchia, James R. Zazzali, Barry T. Albin, John E. Wallace, Jr., Roberto A. Rivera-Soto |
| Case opinions | |
| Majority | Albin, joined by Rivera-Soto, LaVecchia, and Wallace |
| Concur/dissent | Poritz, joined by Long and Zazzali |
Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 (N.J. 2006), is a New Jersey Supreme Court case that held that the state's marriage laws violated the rights of same-sex couples to equal protection of the law under the state constitution. Four of the seven justices ruled that the legislature must, within six months, either amend marriage laws or create civil unions. In response, the legislature created the status of civil unions for same-sex couples.
Seven same-sex couples, ten women and four men, filed suit in state Superior Court in June 2002 claiming that denying them access to marriage violated the liberty and equal protection guarantees of the New Jersey Constitution. Each couple had been denied a marriage license. They were represented by Lambda Legal. They named as defendants Gwendolyn L. Harris, the Commissioner of the New Jersey Department of Human Services, and other state officials. The plaintiffs lost in Superior Court and again in the Appellate Division.
The New Jersey Supreme Court heard oral arguments on February 15, 2006.
The court's seven justices ruled on October 25, 2006, that same-sex couples are entitled to the same equal protection as heterosexual couples under the New Jersey State Constitution. The court unanimously held that current state law is unconstitutional with respect to the equal protection of same sex couples, but divided as to the appropriate remedy. Four justices ruled that the legislature must either amend marriage laws or create civil unions within six months. The three justices in the minority argued that the legislature should be required to amend the state's marriage law to include same-sex couples.
Associate Justice Barry T. Albin authored the majority opinion. Chief Justice Deborah T. Poritz wrote the dissent, issuing it in her final day as a member of the court. Associate Justice James R. Zazzali, who was sworn in as Chief Justice the following day, joined in her dissent. There were both Democrats and Republicans in the majority and the minority. All four in the majority were appointed by Democratic governors, all those in the minority by Republicans. Justice Albin asked "What's in a name?" as he considered the appropriate remedy. Deciding to allow the legislature to determine what name to give to legal same-sex relationships, he wrote: "If the age-old definition of marriage is to be discarded, such change must come from the crucible of the democratic process." He noted that "same-sex couples will be free to call their relationship by the name they choose."
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