Same Sex Marriage Case May Go Directly to NJ Supreme Court

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In Lewis v. Harris, Mercer County Assignment Judge, Linda A. Feinberg, ruled against a same sex couple's claims that they were denied equal protection by being unable to marry. An appeal of the ruling is now pending in the Appellate Division. The plaintiffs have made application to have the case certified to and accepted by the Supreme Court without argument in the appellate court. They argue that the issue is one of first impression and of considerable importance, and which will ultimately be decided by the Supreme Court. The argument that direct certification would allow the Supreme Court review "sooner rather than later" is not opposed by the state.

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