The NJ Supreme Court (in a 3 to 3 decision) sent an attack on the Civil Union Act back to Superior Court yesterday, saying that not enough of a “trial-like” record had been established to hear plaintiffs’ motion for enforcement of litigant’s rights. The Civil Union law was passed in response to the NJ Supreme Court’s order in Lewis v. Harris, 188 N.J. 415 (2006), that legislation must be passed to ensure equal treatment under the law for same-sex couples. The plaintiffs in the present case include six couples denied marriage licenses, who laid out a long list of discriminatory treatment in the workplace, public accommodation, with regard to family law,  and other rights and benefits, despite their status as Civil Union partners. For full coverage, see the New Jersey Law Journal. The three dissenting justices stated that the issue is one of “general public importance and one of constitutional significance.”

C. Megan Oltman, Esq.

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