Garden State Equality v. Dow
216 N.J. 314
N.J.2013Background
- In 2006, New Jersey held that same-sex couples in committed relationships are guaranteed rights and benefits of marriage under the State Constitution (Lewis v. Harris).
- Legislation enacted the Civil Union Act to create civil unions, providing marriage-like rights but not allowing actual marriage or the title of 'marriage'.
- Plaintiffs filed suit in 2011 challenging civil-union status as failing to provide equal treatment for same-sex couples.
- Windsor (2013) struck down part of DOMA, expanding federal benefits to lawfully married same-sex couples and affecting the landscape for state recognition.
- Judge Mary C. Jacobson granted summary judgment (Sept. 27, 2013) that civil-union partners are denied federal benefits available to married couples, and directed NJ to allow same-sex civil marriages beginning Oct. 21, 2013.
- The State sought a stay of the trial court’s order; the Supreme Court denied the stay, keeping the order in effect for granting civil marriage to same-sex couples starting Oct. 21, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a stay should be granted pending appeal | Plaintiffs | State | Stay denied; no irreparable harm shown and no likelihood of success |
| Whether the State has a reasonable probability of success on the merits | Windsor requires full equality and federal benefits for married same-sex couples | Windsor concerns only lawful marriages; federal action not binding on state structure | No substantial probability of success; civil-union regime fails equal protection post-Windsor |
| Whether the public interest supports granting a stay | Ensuring equal protection and timely access to federal rights | Court should defer to democratic processes | Public interest favors protecting constitutional rights; stay denied |
| Whether the balance of hardships favors denying the stay | Continued denial of federal benefits harms couples and children | State harms from invalidating democratically enacted law | Harms to plaintiffs outweigh abstract government harms; stay denied |
Key Cases Cited
- Lewis v. Harris, 188 N.J. 415 (N.J. 2006) (equal rights and benefits for same-sex couples required)
- Crowe v. De Gioia, 90 N.J. 126 (N.J. 1982) (premier stay standard and public-interest considerations)
- McNeil v. Legis. Apportionment Comm’n, 176 N.J. 484 (N.J. 2003) (public-interest factor in significant public-importance cases)
- In re Comm’r of Ins. Deferring Certain Claim Payments by N.J.A.F.I.U.A., 256 N.J. Super. 553 (App.Div. 1992) (Crowe factor application guidance for stays)
- Windsor v. United States, 570 U.S. 1 (U.S. 2013) (DOMA unconstitutional as applied to lawful marriages; federal benefits depend on marriage)
- Hollingsworth v. Perry, 133 S. Ct. 2652 (U.S. 2013) (post-Windsor considerations on marriage equality)
- Lockyer v. San Francisco, 33 Cal. 4th 1055 (Cal. 2004) (state-level implementation of marriage rights post-relationship-recognition)