Certain marriages prohibited
A man shall not marry any of his ancestors or descendants,
or his sister, or the daughter of his brother or sister,
or the sister of his father or mother, whether such collateral
kindred be of the whole or half blood. A woman shall not
marry any of her ancestors or descendants, or her brother,
or the son of her brother or sister, or the brother of her
father or mother, whether such collateral kindred be of
the whole or half blood. A marriage in violation of any
of the foregoing provisions shall be absolutely void.
(New Jersey Statutes Ann. section 37:1-1)
Lewis v. Harris
Same-sex couples sued for the right to marry under the
New Jersey Constitution. The trial judge granted summary
judgment to the state on the ground that there is no fundamental
right to same-sex “marriage,” and the marriage
laws are not discriminatory. The case is on appeal directly
to the New Jersey Supreme Court.
McCarthy v. Asbury Park, consolidated with Asbury
Park v. State
The mayor of Asbury Park decided to follow the example
of San Francisco, and the city began issuing marriage
licenses to same-sex couples. McCarthy is a mandamus
action to stop the issuing of such marriage licenses,
and Asbury Park is a lawsuit by the city seeking
to have the state laws declared unconstitutional. The
cases have been consolidated and the parties have agreed
to a stay pending the decision in Lewis v. Harris.
