Legal rights for gay and lesbian clients. 

You may have heard about the October 25, 2006 ruling of the New Jersey Supreme Court in a case called Lewis v Harris. In that case, the New Jersey Supreme Court ruled that the New Jersey Constitution required the State of New Jersey to provide gay and lesbian couples with the same legal rights and benefits as it provides to straight married couples, and gave the New Jersey legislature 180 days to pass laws to insure full compliance with its ruling.
This decision is another crucial legal step which New Jersey has taken to reach the point where gays and lesbians are treated as equal under the law. Prior steps along this path include recent amendments to the New Jersey Law Against Discrimination, forbidding discrimination based on sexual orientation in the areas of employment, housing, and obtaining credit, and the 2004 New Jersey Domestic Partnership Act, which granted gay and lesbian couples the opportunity to obtain critical rights in the areas of health care visitation and decision making, tax benefits, pension issues, funeral arrangements, inheritances, and guardianships. In the Lewis v Harris ruling, the New Jersey Supreme Court, recognizing that these laws did not go far enough to protect New Jersey’s gay and lesbian citizens, ruled that gay and lesbian couples must be given the chance to obtain every single benefit accorded to straight couples, including rights in the areas of property ownership, taxes, family leave, wills, and parental status.
Lesbian and gay couples who are relocating may want to consider these legal developments in evaluating whether to move to New Jersey or another state. I note that the New York State courts have rejected a similar claim. Thus as a legal matter, New Jersey is a far more appealing place to live than New York State if you are in a committed lesbian or gay relationship.* 

*I am not lawyers and cannot give legal advice. For specific legal advice about your rights as a gay or lesbian couple in New Jersey, I urge you to consult with a lawyer admitted to practice in New Jersey.

 

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