Seven same-sex couples, ten women and four men, filed suit in state Superior Court in June 2002 claiming that denying them access to marriage violated the liberty and equal protection guarantees of the New Jersey Constitution.

The court unanimously held that current state law is unconstitutional with respect to the equal protection of same sex couples, but divided as to the appropriate remedy.

Deciding to allow the legislature to determine what name to give to legal same-sex relationships, he wrote: "If the age-old definition of marriage is to be discarded, such change must come from the crucible of the democratic process."

She concurred with the majority's holding that the State's Constitution's due process clause required same-sex couples to have the same benefits as heterosexual marriages.

Assessing the conflict over the name given to same-sex relationships, one legal scholar thought that the court's majority had found a politically acceptable compromise: "This makes sense as statesmanship.

A year later, as required by the Civil Union Act, the legislature created a commission to examine how the law was working and to consider alternatives.

The New Jersey Senate Judiciary committee approved the Freedom of Religion and Equality in Civil Marriage Act by a 7-6 vote.

[9] After the Senate vote against same-sex marriage, Garden State Equality, in partnership with Lambda Legal, announced that it would ask the New Jersey Supreme Court to recognize the legislature's failure to comply with Lewis v. Harris.