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GARDEN STATE EQUALITY v. DOW

DOCKET NO. L-1729-11

82 A.3d 336 (2013)

434 N.J. Super. 163

GARDEN STATE EQUALITY; Daniel Weiss; John Grant; Marsha Shapiro; Louise Walpin; Maureen Kilian; Cindy Meneghin; Sarah Kilian Meneghin; Eric Bradshaw; Tevonda Bradshaw; Teverico Bradshaw; Karen Nicholson McFadden; Marcye Nicholson McFadden; Kasey Nicholson McFadden; Maya Nicholson McFadden; Thomas Davidson; Keith Heimann; Marie Heimann Davidson; and Grace Heimann Davidson, Plaintiffs, v. Paula DOW, in her official capacity as Attorney General of New Jersey; Jennifer Velez, in her official capacity as Commissioner of the New Jersey Department of Human Services; and Mary E. O'Dowd, in her official capacity as Commissioner of the New Jersey Department of Health and Senior Services, Defendants.

Superior Court of New Jersey, Law Division, Mercer County.

Decided September 27, 2013.

Attorney(s) appearing for the Case

Lawrence S. Lustberg (Gibbons, P.C.), Newark, argued the cause for plaintiffs ( Hayley J. Gorenberg (Lambda Legal) of the New York bar, admitted pro hac vice, on the brief).

Kevin R. Jesperson , Assistant Attorney General, argued the cause for defendants ( John J. Hoffman , Acting Attorney General, attorney; Jean P. Reilly , Deputy Attorney General, on the brief).

Ronald K. Chen , Trenton, (Rutgers Constitutional Litigation Clinic Center for Law and Justice), for amici curiae (Edward Barocas (American Civil Liberties Union of New Jersey Foundation), of counsel and on the brief).

JACOBSON, A.J.S.C.

INTRODUCTION

Plaintiffs, a lesbian, gay, bisexual, and transgender (LGBT) rights organization called Garden State Equality, and six same-sex couples and their children, ask this court to enter summary judgment in their favor, by holding that the guarantees of equal protection contained in both the New Jersey and United States Constitutions require that civil marriage be extended to same-sex couples in New Jersey. Plaintiffs seek...

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