NJ Gay Marriage Battle Heading Back to Court

Thursday, Mar 18, 2010  |  Updated 7:16 AM EDT
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NJ Gay Marriage Battle Heading Back to Court

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SAN FRANCISCO - FEBRUARY 12: A same sex couple stand arm in arm during a "Freedom To Marry" rally February 12, 2009 at City Hall in San Francisco, California. Same sex couples and supporters of gay marriage went to county clerk offices across the country to ask for marriage licenses on "Freedom To Marry" day, the five year anniversary of same sex unions in San Francisco. (Photo by Justin Sullivan/Getty Images)

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The gay couples who sued New Jersey for the right to marry once before are heading back to court.

Six couples plan to file a motion Thursday claiming that the state is still discriminating against them even though it offers civil unions to same-sex couples.

A suit from the couples, plus one other, resulted in a 2006 state Supreme Court decision that came one vote short of requiring the state to legalize gay matrimony then.

After an effort to get lawmakers to legalize it fizzled out this year, the couples and lawyers from Lambda Legal are heading back to court.

The seventh couple isn't part of the motion because one of the partners died.

Opponents say there's no constitutional right for gay couples to wed.
 

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