Matheu D. Nunn Comments on New Jersey Legislation Protecting Interracial Marriage in New Jersey Law Journal ArticleSeptember 8, 2023
Matheu D. Nunn, Partner and Co-Chair of the firm’s Family/Matrimonial Practice Group, provided insight into the legislation signed on September 5, 2023 by New Jersey Governor Phil Murphy which protects the right of interracial marriage for residents.
The article “SCOTUS ‘Dobbs’ Decision Spawns NJ Legislation Protecting Interracial Marriage” discusses the U.S. Supreme Court opinions that served as the catalyst for the bill, which clarifies the protection of interracial marriage in New Jersey even if the Supreme Court later determines it is not protected in the Constitution. The bill follows the U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Org., which potentially questions other established precedents, as well as the 1976 ruling in Loving v. Virginia, which prohibited state laws banning interracial marriage.
Nunn commented that he understands the reasoning behind the governor’s decision but that “even in the absence of the kind of legislation that Murphy signed into law Tuesday, the New Jersey Constitution protects the rights of individuals of any race to marry.” He also noted that the U.S. Constitution sets a baseline of constitutional rights and that states are able to provide greater protections in their own constitutions, which New Jersey does.