Ruling allows
same-sex couples to sue
for loss of
consortium
By AP from philly.com
on the Web, May 16, 2005
NEWARK, N.J. May 14 -- A
judge's ruling that a same-sex couple can sue for a loss of consortium could
expand rights for gays in New Jersey.
Superior Court Judge James S. Rothschild Jr. ruled last week that Judith
Peterson and Linda Henry of Fair Lawn can continue their claim against St.
Barnabas Health Care System, Clara Maass Medical Center and five individuals.
Henry, a former paramedic at Clara Maass in Belleville, claimed she was forced
to endure a hostile work environment as a result of her gender and sexual
orientation, and suffered retaliation after she reported misconduct by
co-workers. Henry said those actions led her to suffer a heart attack and
other health problems that led her to neglect Peterson, her partner of nine
years.
In legal terms, loss of consortium is defined as the inability of a spouse to
engage in normal marital relations. Up to now, only married couples have
been permitted to sue for loss of consortium.
Peterson and Henry filed an affidavit of domestic partnership last August.
"The most important aspect of the decision is that domestic partners will no
longer be treated as second-class citizens," said Clark E. Alpert, a West Orange
lawyer whose firm represents six plaintiffs including Peterson and Henry.
"The intent of the Legislature and rationale of Judge Rothschild are that
domestic partners have the same rights as other citizens."
In his ruling, Rothschild cited part of New Jersey's Domestic Partnership Act,
passed last year, to justify broadening "the universe of plaintiffs" who are
allowed to bring similar lawsuits.
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