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)
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.