On October 25, 2006, the Supreme Court of New Jersey unanimously ruled in Lewis v. Harris that the “unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution.” With the Harris decision, same-sex couples were granted the same rights, benefits and responsibilities as heterosexual couples with respect to their relationships.  The court left it up the state legislature to decide how to implement the law.  On December 14, 2006, the New Jersey Legislature passed a Civil Unions bill that Governor Corzine signed into law on December 21, 2006.  New Jersey’s civil union law took effect on February 19, 2007.

Over the next 5 years, multiple studies were conducted and found that despite the requirement set by SCNJ, Civil Unions did not provide equality to same sex couples.  In 2011, the state legislature passed a bill that would change Civil Unions to full marriage equality. Governor Chris Christie vetoed the bill. Rather than believing the legislature to be a representative of the people of New Jersey, Governor Christie insisted that the people of New Jersey should directly vote on the issue.   The movement to override Governor Christie’s veto of marriage equality went into effect immediately.

On July 3, 2013, Lambda Legal filed a motion for summary judgement in New Jersey Superor Court.  A summary judgement motion means the facts of the case are not in dispute, only the application of the law.  According to Hayley Gorenberg, Lambda Legal Deputy Legal Director, “Now that DOMA is gone, New Jersey is, as a matter of law, in direct violation of the New Jersey Supreme Court order we won in 2006 that requires equality for same-sex couples, and in violation of the Equal Protection clause of the Federal Constitution.” On September 27, 2013, Judge Mary Jacobson, of the Superior Court of New Jersey agreed with this reasoning and ruled that same sex couples must be allowed to marry. In her ruling, Judge Jacobson cited the U.S. Supreme Court’s June 26, 2013, ruling in U.S. v.  Windsor finding that New Jersey could not legally deny the benefits of marriage to same-sex spouses now that the federal government has made those benefits available to all legally married couples, regardless of jurisdiction. Judge Jacobson’s ruling was to take effect on October 21, 2013.

After hearing the decision, Governor Christie vowed to appeal the ruling and filed a motion to stay its implementation. Governor Christie based his request for a stay on the grounds that irreparable harm would be done to New Jersey should marriage equality be allowed.  On October 10, 2013, Judge Mary Jacobson, the same judge who issued the September 27 ruling, denied the Governor’s request for the delay in implementation while his appeal worked through the court system. In her decision, Judge Jacobson wrote, “Granting a stay would simply allow the state to continue to violate the equal protection rights of New Jersey same-sex couples, which can hardly be considered a public interest.” Judge Jacobson also stated she doesn’t believe the state is likely to win its appeal, and embracing marriage equality would not harm the state of New Jersey.

With yesterday’s ruling, marriage equality is set to begin in New Jersey in 10 days,  on October 21, 2013.  Once marriage equality starts, should the appeals court rule against equality, New Jersey would have a situation similar to California before the United States Supreme Court ruling in Hollingsworth v. Perry on June 26, 2013. Between the time the California Supreme Court ruled in May 2008, that marriage equality must be allowed, and November 2008, 18,000 sex-sex couples in California got married.  However, in November 2008, California voters passed Proposition 8, which amended the state constitution to define marriage as only between one man and one woman. While the lawsuit to overturn Proposition 8 worked its way through the court system, the validity of the marriages of these 18,000 couples was questionable. In addition to this, same sex couples who didn’t get married during the time it was permitted were now barred from marrying.  Thanks to Governor Christie, this situation is a possibility for New Jersey.

On October 21, 2013, same sex couples in New Jersey will be able to get married. If an appeals court rules against marriage equality, then the validity and status of couples married before the ruling would be called in question. If those marriages are allowed to stand, for the appeals court to say other same sex couples are now not allowed to marry would create further inequality. Moreover, would such an appellate court ruling invalidate those marriage entered when legal?

The Supreme Court of New Jersey already ruled that same sex couple must be given the same rights, benefits and responsibilities as heterosexual couples with respect to their relationships.  The United States Supreme Court has ruled in favor of marriage equality with respect to federal benefits, but the federal government has stated that it will not extend those benefits to couples with civil unions. The New Jersey legislature voted and passed marriage equality, representing the will of New Jerseyans, who favor it by 62%.  To deny marriage equality in New Jersey would both violate the state court ruling and block same sex couples from the federal benefits to which they are now entitled. In appealing the court rulings, Governor Christie is not only wasting the state’s time and money, but he is denying his own citizens full equality. New Jersey has shown that civil unions do not work. While designed to give equal rights to same sex couples, the only way to achieve full equality is with the word, “marriage.” All that is needed is to change the phrase, “civil union” to “marriage.” Sadly, Governor Christie would rather keep same sex couples unequal second class citizens.