Defendants challenge the premise that alleged unequal treatment of same-sex couples, under the Civil Union Act, constitutes state action under the Fourteenth Amendment's Equal Protection Clause ... Plaintiffs allege the Civil Union Act and its enforcement by certain state officials, who are named defendants, violates the Equal Protection Clause of the Fourteenth Amendment. At this juncture, the court is satisfied there is sufficient state action to permit the claim under the Federal Equal Protection Clause to proceed.

The court's ruling came four days after New Jersey Governor Chris Christie [official website] conditionally vetoed [JURIST report] a bill to legalize same-sex marriage in the state. The Marriage Equality and Religious Exemption Act [bill, PDF] was passed by the New Jersey State Assembly [official website] by a vote of 42-33, and was subsequently approved by the State Senate [JURIST report] 24-16. Approval of the legislation marks a shift from the legislature's previous position concerning same-sex marriage, as a similar bill was defeated [JURIST report] in the state Senate last year. Last week the State of Washington became the eighth US jurisdiction to legalize same-sex marriage, which is also legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. Civil unions or domestic partnerships are currently legal in Maine, Illinois, Delaware, Hawaii, California, Wisconsin, Nevada, Oregon and Washington and await ratification in Rhode Island [JURIST reports].