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QUARTO v. ADAMS

929 A.2d 1111 (2007)

395 N.J. Super. 502

Roslyn QUARTO and Judith Prichason, Appellants, v. Maureen ADAMS, in her official capacity as Acting Director of the New Jersey Department of the Treasury, Division of Taxation; and Stuart Rabner, in his official capacity as Attorney General of New Jersey, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 2007.

Attorney(s) appearing for the Case

Lawrence S. Lustberg, Newark, argued the cause for appellants (Gibbons, attorneys and as cooperating attorneys for the ACLU-NJ; Mr. Lustberg, Emily B. Goldberg, Edward L. Barocas and Jeanne LoCicero, on the brief).

Patrick DeAlmeida, Assistant Attorney General, argued the cause for respondents (Stuart Rabner, Attorney General, attorney; Mr. DeAlmeida and Stephanie Beaty, Deputy Attorney General, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and SABATINO.

The opinion of the court was delivered by

SABATINO, J.A.D.

The transitional issue presented in this appeal is whether the Division of Taxation ("the Division") is compelled by Lewis v. Harris, 188 N.J. 415, 908 A.2d 196 (2006), and the subsequent enactment of New Jersey's Civil Union Act, L. 2006, c. 103 ("the Civil Union Act"), N.J.S.A. 37:1-28 to -36, to permit a same-sex couple, married in another...

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