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New Jersey Secures Same-Sex Marriage Protections with New Law

Recently, Governor Phil Murphy announced that he signed a bill forming a long-awaited state law protecting same-sex marriage in New Jersey. Governor Murphy stated that “despite the progress we have made as a country, there is still much work to be done to protect the LGBTQIA+ community from intolerance and injustice.” To learn more about this law or if you have any questions concerning marriage, divorce, custody, adoption, etc. for LGBTQIA+, do not hesitate to reach out to our skilled firm today. Our skilled Morris County NJ divorce and family law attorneys are on your side.

The law produces an almost decade-long journey for same-sex marriage equality. Same-sex marriage in New Jersey became legal in 2013 after a state Supreme Court ruling in the case of Garden State Equality vs. Dow. This was followed in 2015 by the U.S. Supreme Court’s ruling in Obergefell v. Hodges, which made same-sex marriage legal throughout all 50 states.

Court rulings are not the same as laws passed by legislative bodies because the door is left open in court “case law” for other court actions to overturn past judgments. (Roe v. Wade is an example of this as courts can swing in their judicial findings.) explains the significance of this new law here:

It’s been a long a road for LGBTQ couples in New Jersey as well. Same-sex marriage has been legal since a 2013 court ruling. But the bill, freshly approved by Murphy, secures marriage equality as state law.

The law protects marriage equality from “the whims of…the U.S. Supreme Court,” said Christian Fuscarino, executive director of New Jersey’s largest LGBTQ advocacy organization Garden State Equality.

“If the U.S. Supreme Court was to do the unimaginable and overturn marriage equality, this would now have no bearing on this sacred right in our state of New Jersey,” he said.

If you have questions about marriage, divorce, custody, adoption, and other family law issues that LGBTQIA+ couples can encounter, do not hesitate to reach out to our firm today. Our legal team is on your side no matter what. Give us a call today to schedule your initial consultation.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.