We applaud Judge Mary Jacobson’s decision, in Garden State Equality v. Dow, that same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution. The decision is thorough, well-written and correct. Seven years ago, in Lewis v. Harris, the state Supreme Court held that the state constitution did not compel recognition of same-sex marriage. It made clear, however, that the rights of those in civil unions must be equal to those who are married and called on the Legislature to take appropriate action on this emotionally charged issue.
In response, the Legislature established the Civil Union Review Commission, which issued a report that the economic and psychological disadvantages of civil unions were substantial and that marriage equality was needed. The Legislature passed such a bill but the governor vetoed it, suggesting the matter should be submitted directly to the voters. An amendment to the state constitution was proposed, defining marriage as the legally recognized union of two persons of any gender, but the legislative majority leaders refused to submit it.
