Making the Case for Marriage in New Jersey

History of the Fight for Marriage Equality in New Jersey

By Hayley Gorenberg, Lambda Legal Deputy Legal Director


Lambda Legal has been making the case for marriage equality in New Jersey for nearly a decade. Now we’re back in court to finish what we started, and to fulfill the objective the state’s highest court ordered in its 2006 decision in our Lewis v. Harris case: equal rights for New Jersey’s lesbian and gay couples. Here’s a brief timeline:

  • January 2001 Lambda Legal starts building the foundation for New Jersey to expand its protections of same-sex couples’ relationships.
  • June 2002 Lambda Legal files historic lawsuit in New Jersey state court seeking marriage equality for same-sex couples.
  • June 2003 Lambda Legal argues the case in court.
  • November 2003 Trial court upholds the exclusion from marriage.
  • December 2004 Lambda Legal argues appeal before the intermediate appellate court.
  • June 2005 Appellate division affirms lower court, 2–1.
  • February 2006 Lambda Legal presents oral argument to the New Jersey Supreme Court.
  • October 2006 The seven justices unanimously agree that denying same-sex couples the rights and benefits different-sex couples obtain through marriage is unconstitutional. The Court directs state legislature to take action within 180 days.
  • December 2006 Legislature passes civil union bill. Lambda Legal launches "Civil Union Watch" to monitor the law’s effectiveness.
  • December 2008 New Jersey Civil Union Review Commission, appointed by the legislature, concludes that civil unions are insufficient and do not provide equality.
  • January 2010 New Jersey Senate votes down a marriage equality bill.
  • March 2010 Lambda Legal files a Motion in Aid of Litigants’ Rights, reactivating the case for marriage equality on behalf of the plaintiffs in the original Lewis v. Harris lawsuit.
  • July 2010 Supreme Court denies motion; requires further proceedings to develop record in Superior Court.
  • June 2011 Lambda Legal files new lawsuit, Garden State Equality v. Dow, in Superior Court.

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