Supreme Court Expands Rights of Companions
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The New Jersey Supreme Court has ruled that an unmarried woman who was living with a man and was engaged to marry him has the same legal rights to file an injury lawsuit as a wife, sibling or parent. While its impact is being debated, some lawyers say that the ruling could pave the way for other unmarried couples, including gay men and lesbians, to claim full litigation rights even if they have no marriage license. The immediate impact of the 5-1 ruling handed down on Thursday is that Eileen Dunphy of Roxbury will be able to ask a jury to decide whether she is entitled to a cash award for “emotional distress” because she witnessed her boyfriend being hit by a car in 1990. He suffered gruesome injuries and died a day later. Beyond the Term ‘Marriage’ Evan Wolfson, the senior staff lawyer of the Lambda Legal Defense and Education Fund of New York, a gay-rights law center, called the ruling a major victory for gay couples because the court “is recognizing that family relationships are not always limited to those who are married or who are otherwise recognized by law.” “Anytime a court moves beyond just the use of the term ‘marriage’ or any arbitrary category and looks instead at the reality of how people are living, that is a gain for gay people and for everybody,” he said. Mr. Wolfson said the ruling is the first major statement from the New Jersey Supreme Court on a matter of consequence to gay people. However, E. Drew Britcher, a lawyer who joined the case as an advocate for the Association of Trial Lawyers of America, said the ruling’s scope is limited only to personal injury litigation. Mr. Britcher said the case does much to establish the rights of unmarried persons to bring legal claims arising from injuries to their partners. “It is very significant, but it does not apply broadly across society,” he said. He said an adverse ruling would have cut off legal rights based simply on the marriage license, that people walking toward the wedding altar have fewer rights when struck by a falling beam than those who are hit by the beam during a wedding reception. Lived Together for 2 Years More : query.nytimes.com |