New Jersey Supreme Court Issues Landmark Civil Rights Ruling
On October 25, 2006, the New Jersey Supreme Court unanimously held that discrimination against gay and lesbian citizens with respect to the rights, privileges and obligations of marriage is contrary to the state's constitution. The Court ordered remedial action within the next 180 days that either opens the institution of marriage to same-sex couples or broadens the state's existing Domestic Partnership Act to include each and every right, privilege and obligation of marriage. Three of the seven justices would have ruled that the institution of marriage itself must be opened to all citizens, regardless of sexual orientation.
Simpson Thacher represented a number of civil rights groups, including the People for the American Way Foundation, Asian Equality, the Equality Federation, and the Vermont Freedom to Marry Task Force, as amici curiae in the appellate proceedings before the New Jersey Supreme Court. As part of a coordinated effort among numerous groups that supported the plaintiffs, the Firm's brief argued that if the Court ruled in plaintiffs' favor, the proper remedy would be an order granting full marriage rights. Although the three justices adopting that position were one vote short of a majority, the Court's unanimous opinion that gay and lesbian citizens may no longer be denied any right incident to marriage is a resounding victory in and of itself.
The Simpson Thacher team was headed by Joe Tringali, and included associates Paul Saso and Rob Pfister. Invaluable paralegal assistance was provided by Brian Kinsella.
The Court's decision and the Firm's amicus brief may be viewed by clicking on the links below.