Helping Clients With Divorce
& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
Same Sex Marriage
Same-sex marriage became legal in New Jersey on October 21, 2013. On that date New Jersey became the fourteenth state to legally recognize same-sex marriage. As of February 2015, 37 states recognize same-sex marriage.
Three key court cases led to the legal recognition of same-sex marriage in New Jersey. First, Lewis v. Harris 188 N.J. 415 (N.J. 2006) is a 2006 case where the New Jersey Supreme Court stated that same-sex couples were guaranteed the same rights as opposite-sex couples under the state constitution. It prompted the creation of same-sex civil unions in New Jersey. Next, United States v. Windsor is a case from June 2013 in which the United States Supreme Court struck down a federal statute that defined marriage as between one man and one woman. Finally in September 2013, the Garden State Equality v. Dow case led to the legalization of same-sex marriage in New Jersey.
2006 – Same-Sex Civil Unions in New Jersey (Lewis v. Harris)
The path to legal recognition of same-sex relationships in New Jersey began in 2006 with the case Lewis v. Harris, 188 N.J. 415 (2006), in which the Supreme Court of New Jersey held that the New Jersey Constitution guaranteed same-sex couples in committed relationships the same rights and benefits as married couples of the opposite sex. The ruling in that case led the New Jersey legislature to pass the Civil Union Act, which allowed same-sex couples to enter into civil unions, but did not allow them to marry.
June 2013 – Federal Defense of Marriage Act (United States v. Windsor)
The June 2013 United States Supreme Court ruling in United States v. Windsor 133 S.Ct. 2675 (2013) struck down the Defense of Marriage Act. The Defense of Marriage Act (commonly referred to as “DOMA”), enacted in 1996, defined for the purposes of the federal government that marriage was a union between one man and one woman. DOMA prohibited the federal government from recognizing same-sex. In Windsor, the Supreme Court ruled that DOMA was unconstitutional under the Fifth Amendment Due Process Clause. It required the federal government to recognize same-sex marriages that have been entered into in states that recognized same-sex marriage. At the time of the Windsor decision New Jersey did not recognize same-sex marriage.
September 2013 – Same-Sex Marriage (Garden State Equality v. Dow)
Back in the New Jersey courts, the plaintiffs in the earlier case of Lewis v. Harris went on to join the Garden State Equality v. Dow 434 N.J.Super 163 (Law Div.2013) case, arguing that civil unions that were created in 2006 did not establish equal rights for same-sex couples. The New Jersey court agreed with the plaintiffs, pointing out that the Windsor case extended the federal benefits of marriage only to same-sex couples in legally recognized marriages, not civil unions. In September 2013 the New Jersey State Superior Court ruled in the Garden State Equality v. Dow case that same-sex couples were being denied equal rights in New Jersey, and ordered same-sex marriages to be allowed beginning on October 21, 2013.
Getting Married in New Jersey
Same-sex couples can now marry in New Jersey and enjoy the same benefits and protections that opposite-sex couples enjoy. Same-sex couples follow the same procedures and are subject to the same requirements of opposite-sex couples. For same-sex couples that married in another state, the State of New Jersey will recognize the marriage so long as the out-of-state marriage is consistent with the laws of New Jersey. If you have any questions about same-sex marriage, call the Law Offices of Peter Van Aulen at 201-845-7400 for a consultation.
FAQ: Is process to obtain a same-sex divorce different from that associated with a marriage dissolution case involving a couple of different genders?
On the surface, and generally speaking, a same-sex divorce is no different from that involving one with a couple of different genders. With that said, there are instances in which issues in a same-sex divorce might become more complicated. For example, if one spouse is a biological parent of a child shared by the couple as parents, custody matters might become more complicated when a same-sex couple seeks a dissolution of their marriage in New Jersey.
FAQ: What happens to existing same-sex marriages if the U.S. Supreme Court overturns its prior decision in Obergefell v. Hodges, the previous case that made same-sex marriage legal across the country?
Overturning Obergefell likely would result in the states being left with individual authority to permit or ban same-sex nuptials in their jurisdictions. Following the decision of Obergefell, the Respect for Marriage Act was enacted. This law requires all states to recognize same-sex and interracial marriages entered into in other states. New Jersey itself made codified same-sex marriage as legal within state law in 2022 (no matter what might happen on the federal level). For these reasons, even if Obergefell is overturned, existing same-sex marriages in New Jersey would be valid and protected legally. In addition, because New Jersey law itself permits people the ability to enter into same-sex marriages, this will carry forth despite an overturning of Obergefell.
FAQ: Is there such a thing as same-sex common law marriage in New Jersey?
Not only is there “no such thing” as same-sex common law marriage in New Jersey, the Garden State doesn’t recognize common law marriage at all. In states that do recognize common law marriage, that type of legal relationship typically is defined as:
A relationship in which a couple lives together, holding themselves out to family, friends, and the community as being “married,” comingling assets, without obtaining a marriage license or going through a formal ceremony.
FAQ: How many same-sex married households are there in the state of New Jersey?
According to the Williams Institute, there are approximately 17,300 married same-sex households in New Jersey. As of June 2025, the Williams Institute reports that there are approximately 823,000 same-sex married households throughout the United States. In 2025, 38 countries legally recognize same-sex marriage.
FAQ: How do New Jersey laws on same-sex marriage and marriage more broadly apply to a person who identifies as gender fluid?
A New Jersey resident who identifies as gender fluid is legally able to marry in the Garden State. Their ability to marry and the legality of their marriage depends less upon how the self-identify and more on how New Jersey law defines marriage. Currently in New Jersey, the state takes a gender-neutral approach to marriage. Marriage eligibility on New Jersey does not depend upon fixed binary gender identification.
Sources
New Jersey Department of Health – Same Sex Marriage