Lawyers for Lambda Legal will argue that New Jersey is violating the state constitution's right to equal protection by excluding gay and lesbian couples from legally recognized marriage, which carries such benefits as spousal inheritance rights and Social Security benefits upon the death of a spouse. "Our lawsuit seeks full equality, so same-sex couples are treated no different than heterosexual couples," David S. Buckel, lead attorney on the case, told The New York Times for Wednesday's editions. "Domestic partnership and civil unions are incredibly meaningful to our families, but not having the choice to marry means they are still second-class citizens." Although Lambda Legal has been preparing the suit for more than a year, it said it decided to act now because it has become apparent that many of the surviving partners of those killed in the September 11 terrorist attacks are not being recognized by charities.

Lambda's decision to file in New Jersey was due largely to the legal history of the state supreme court, considered among the most liberal in the country. New Jersey was one of the first states to enact anti discrimination and hate-crimes legislation that covered gay men and lesbians. The New Jersey Supreme Court also rejected the Boy Scout ban on gay members, a decision later overturned by the U.S. Supreme Court.

The battle over gay marriage has previously been fought in such states as Vermont, which enacted domestic-partnership legislation allowing gay couples to enter into civil unions, which resemble marriage. The New Jersey plaintiffs, however, are seeking full marriage rights.

SOURCE: PLANETOUT.COM

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