New Jersey Appeals Court Rules Lesbian Co-Parent May Seek “Bystander” Emotional Distress Compensation for Death of Child She was Raising With Her Same-Sex Partner


The New Jersey Appellate Division, the state’s intermediate appeals court, issued an important decision on August 17 expanding the range of “bystanders” to whom negligent actors may have liability for causing emotional distress to include non-marital same-sex families. A unanimous three-judge panel, taking account of the momentous developments in public attitudes about LGBT families over the past 38 years, ruled in Moreland v. Parks, 2018 WL 3945312, 2018 N.J. Super. LEXIS 120, that the … <Read More>

New Jersey Supreme Court Unanimously Rejects Stay in Marriage Ruling; Same-Sex Couples Can Marry on October 21

Refusing the Christie Administration’s request to stay Judge Mary Jacobson’s September 27 ruling that same-sex couples have a constitutional right to marry in New Jersey, the state’s supreme court unanimously ruled on October 18 that Jacobson’s order will go into effect on October 21.  Although the court will hear oral arguments in January on the merits of the case, the opinion by Chief Justice Stuart Rabner strongly signals that the state will most likely lose … <Read More>

New Jersey Marriage Case Moves Swiftly to State Supreme Court

After Mercer County Superior Court Judge Jacobson issued her decision on September 27 holding that same-sex couples have a state constitutional right to marry in New Jersey, Gov. Chris Christie reiterated his opposition to having this issue decided by the courts and announced that the state would ask the NJ Supreme Court to take up the case up directly on appeal, by-passing the NJ Appellate Division of the Superior Court.  At the same time, the … <Read More>