Lambda Legal has filed a motion in New Jersey’s Superior Court on behalf
of Garden State Equality and six same-sex couples demanding the
institution of marriage be extended to same-sex couples. The motion for
summary judgment — effectively a court judgment without a completed
trial — comes one week after the U.S. Supreme Court’s decision striking
down a section of DOMA, and in the wake of a lengthy court battle,
Garden State Equality v. Dow, in which New Jersey’s top court has already ordered the state to provide equality in marriage to same-sex couples.
“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,” said Hayley Gorenberg,
Lambda Legal Deputy Legal Director in a statement:
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