Lewis v. Harris

Case seeking the right to marry for same-sex couples in New Jersey

  • Status: Closed
    • Opened: 01/01/01
    • Closed: 10/01/06
  • Attorneys
    • Lambda Legal: David S. Buckel, Susan Sommer
    • Co-counsel/Cooperating Attorneys: Lawrence S. Lustberg of Gibbons, Del Deo, Dolan, Griffinger & Vecchione

Summary

In 2002, Lambda Legal filed a historic case seeking marriage equality on behalf of seven New Jersey couples. We were already hard at work with other groups and allies on a public campaign to show New Jersey residents the hardships same-sex couples face when they are excluded from marriage. We used the lawsuit to launch a series of educational town hall meetings across the state to support our case and to help bring about the passage of a statewide domestic partnership act. Our case made it to the state supreme courtState Supreme Court  The highest state court in the state court system (more keywords) in 2006. The high courtHigh court  A state’s highest court (usually the state supreme court), or in the federal system, the United States Supreme Court (more keywords) ruled unanimously that same-sex couples must be provided all the benefits and responsibilities of marriage, although reserving on the question of whether the powerful name of marriage was required, and gave the state legislatureLegislature  The federal or state branch of government responsible for enacting laws (more keywords) 180 days to choose either marriage or civil unions. The legislature hastily passed a civil union law in December 2006.

Context

In February 2007, New Jersey became the fifth state to provide marriage or all-but-marriage protections for same-sex couples, joining California, Connecticut, Massachusetts and Vermont.

Lambda Legal's Impact

In this important decision, every justice on the state high court said that same-sex couples must receive equal treatment from the government and be given rights and benefits of marriage. It led to the passage of New Jersey’s civil union law. This means that same-sex couples in New Jersey will be extended all of the rights, responsibilities and benefits of marriage, except the profound benefit of the word itself. As a result of our dogged education work across New Jersey, launched by Lambda Legal and expanded by key allies, more voters in the state are in favor of marriage equality and key legislativeLegislative  Of or relating to lawmaking or to the power to enact laws (more keywords) leaders have promised to push for it as well.

History

  • January 2001: Lambda Legal starts building the foundation for New Jersey to expand its protections of same-sex couples’ relationships over time while pulling marriage equality to the nearest possible horizon.
  • June 2002 Lambda Legal files historical lawsuit in New Jersey state court seeking marriage equality for gay and lesbian couples in New Jersey.
  • June 2003 Lambda Legal argues the case in court.
  • November 2003 Trial courtTrial Court  Court that hears the original arguments in a case, may include a jury (more keywords) upholds the exclusion from marriage.
  • December 2004 Lambda Legal argues appealAppeal  To ask a higher court to reverse the decision of a trial court (more keywords) 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 Victory! All seven justices of the New Jersey Supreme Court unanimously agree that denying same-sex couples the rights and benefits different-sex couples obtain through marriage is unconstitutional and directs state legislature to take action within 180 days.
  • December 2006 New Jersey Legislature passes civil union bill; Lambda Legal moves forward with “Civil Union Watch” to reach the goal of marriage equality.

Documents

Complaints

Lewis v. Harris (Complaint)
Complaint filed in the Superior Court of New Jersey Chancery Division, Hudson County 		01/01/06

Briefs

Lambda Legal Reply Brief Re: Lewis v. Harris
Lewis v. Harris (Brief)		 01/27/06
Lewis v. Harris (Brief)
Read the New Jersey State Bar Association’s friend-of-the-court brief. 		01/01/06
Lewis v. Harris (Brief)
Read Garden State Equality’s friend-of-the-court brief. 		01/01/06
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Filed in Support of Lewis Plaintiffs by the American Psychological Association 		12/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Filed in Support of Lewis Plaintiffs by LGBT Organizations 		12/10/05
Lewis v. Harris (Brief)
Friends-of-the-Court Brief Filed in Support of Lewis Plaintiffs by Professors of the History of Marriage, Families and the Law 		12/01/05
Brief Amicus Curiae of Clergy Members in Support of Marriage
Lewis v. Harris (Brief) 		11/14/05
Lewis v. Harris (Brief)
Friends-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by Professors of the History of Marriage, Families and the Law 		10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by People for the American Way, et. al.		 10/21/05
Lewis v. Harris (Brief)
Opening brief to the New Jersey Supreme Court 		10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by the American Psychological Association		 10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by National Association of Social Workers 		10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by the ACLU		 10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by the National Black Justice Coalition 		10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by the City of Asbury Park 		10/21/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by the National Association of Social Workers (NASW) and the NASW New Jersey Chapter 		10/21/05
Lewis v. Harris (Brief)
Lambda Legal’s reply brief in opposition to defendants’ motion to dismiss		 09/30/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Filed in Support of Lewis Plaintiffs by the National Association of Social Workers and the NASW New Jersey Chapter 		06/10/05
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Filed in Support of Lewis Plaintiffs by Legal Momentum 		06/10/05
Lewis v. Harris (Brief)
Friend-of-the-court brief from Legal Momentum in support of Lambda Legal plaintiffs.		 11/05/04
Lewis v. Harris (Brief)
Friend-of-the-Court Brief Submitted in Support of Lewis Plaintiffs by Human Rights Campaign, et al. 		04/02/04
Lewis v. Harris (Brief)
Motion for Summary Judgement in the Superior Court of New Jersey 		09/30/03

Other Legal Documents

Lewis v. Harris: Testimony Before the New Jersey Assembly Judiciary Committee
Read Senior Counsel David Buckel’s testimony before the New Jersey Assembly Judiciary Committee		 12/07/06
The Idea the New Jersey Legislature Ignored: Equality
Legal Experts explain why marriage equality matters, and civil unions are discriminatory 		05/10/05