Court Declines Gay Marriage Case

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Chief Justice Stuart Rabner

STATE – The New Jersey Supreme Court has refused to hear a case filed by six homosexual couples seeking the right to marry.

Chief Justice Stuart Rabner wrote, “This matter cannot be decided without development of an appropriate trial-like record.” He added that the court has reached “no conclusion” on the constitutionality of the Civil Union Act.

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The court’s decision was split 3-3, with Rabner, Robert Rivera-Soto and Helen Hoens ruling against the couples’ motion. Virginia Long, Jaynee LaVecchia and Barry Albin dissented.

In the dissenting opinion, Long wrote that the court should have heard oral arguments to help “guide us on the best procedural course” for creating a trial-like record.

The six couples contend that although New Jersey passed the Civil Union Act in 2006, they are still denied the “full rights and benefits enjoyed by heterosexual married couples.” The plaintiffs will now have to file a new complaint in Superior Court if they wish to proceed.


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