On October 25, 2006, at the hearing of Lewis v. Harris, all seven Justices of the New Jersey Supreme Court agreed that the New Jersey Constitution provides for full legal rights for same sex partners. It was decided that the Constitution guarantees that every statutory right and benefit for heterosexual couples through civil marriage must be made available to same-sex couples. Gay couples are entitled to the same rights as heterosexual couples.
However, the Justices were split 4 to 3 with regard to how to proceed on this issue. Four of the Justices stated that they couldn't find that the right to same sex marriage was a fundamental right under the New Jersey State Constitution. The majority decided that the legislature was to decide whether or not to honor gay marriage, as well as whether to call it marriage, a civil union, or another name. The legislature was given 180 days to decide whether the current gay marriage laws would be changed or expanded upon to provide gay couples with benefits that heterosexual married couples would receive, such as tuition assistance, spousal privilege in criminal trials, and survivors' benefits under workers compensation laws.
The Justices concluded in stating that in order to comply with the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, the State must provide the equal rights and benefits enjoyed by heterosexual married couples to committed same sex couples. The Justices decided that the State of New Jersey could fulfill that constitutional requirement in one of two ways. The State could either amend the marriage statutes to include same-sex couples or enact a parallel statutory structure by another name, wherein same-sex couples would enjoy the rights and benefits, and bear the burdens and obligations of civil marriage. The Justices stated that should the State adopt a parallel scheme, it could not make entry into a same-sex civil union any more difficult than it is for heterosexual couples to marry. The State may regulate that scheme similarly to marriage and restrict civil unions based on age and consanguinity and prohibit polygamous relationships.
In conclusion, the Justices stated that the implementation of a constitutional mandate would require the cooperation of the Legislature. In order for the State to comply with Article I, Paragraph 1 of the Constitution so that homosexual couples can exercise their full constitutional rights, it is up to the Legislature to amend the marriage statutes or enact an appropriate statutory structure within 180 days of the date of the Supreme Court's decision.
