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New Jersey Appellate Court Rejects Marriage Equality

By Stephen J. Hyland

The New Jersey Superior Court Appellate Division rendered a decision in the appeal of Lewis v. Harris, 378 N.J.Super. 168, 875 A.2d. 259 (App.Div.2005) that the “statutory limitation of marriage to members of the opposite sex does not violate the New Jersey Constitution.” Although disappointing, the 2-1 decision was not unexpected and, because there is a dissenting opinion, under New Jersey Rules of Court there is an automatic right of appeal to the New Jersey Supreme Court. The notice of appeal has been filed, and as of this writing the parties awaited a briefing schedule.

Background

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