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GARDEN STATE EQUALITY v. DOW

M-208 September Term 2013, 073328

79 A.3d 1036 (2013)

216 N.J. 314

GARDEN STATE EQUALITY; Daniel Weiss and John Grant; Marsha Shapiro and Louise Walpin; Maureen Kilian and Cindy Meneghin; Sarah Kilian-Meneghin, a minor, by and through her guardians; Erica and Tevonda Bradshaw; Teverico Barack Hayes Bradshaw; a minor, by and through his guardians; Marcye and Karen Nicholson-McFadden; Kasey Nicholson-McFadden; a minor, by and through his guardians; Maya Nicholson-McFadden; a minor, by and through her guardians; Thomas Davidson and Keith Heimann; Marie Heimann Davidson, a minor, by and through her guardians; Grace Heimann Davidson, a minor, by and through her guardians; Plaintiffs-Respondents, 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-Movants.

Supreme Court of New Jersey.

October 18, 2013.

Attorney(s) appearing for the Case

Jean P. Reilly, Deputy Attorney General, submitted a brief on behalf of movants (John J. Hoffman, Acting Attorney General, attorney; Kevin R. Jesperson, Assistant Attorney General, of counsel; Ms. Reilly and Robert T. Lougy, Assistant Attorney General, on the briefs).

Lawrence S. Lustberg submitted a brief on behalf of respondents (Gibbons and Lambda Legal, attorneys; Mr. Lustberg, Benjamin Yaster, Newark, and Hayley J. Gorenberg, a member of the New York bar, on the brief).

Chief Justice RABNER delivered the opinion of the Court.

In 2006, this Court unanimously held that the New Jersey Constitution guarantees same-sex couples in committed relationships the same rights and benefits as married couples of the opposite sex. Lewis v. Harris, 188 N.J. 415, 423, 908 A.2d 196 (2006). In response, the Legislature passed the Civil Union Act and established "civil unions....

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