Plaintiff, who is incarcerated at a federal prison located in New Jersey, wants to marry someone who is incarcerated at a federal prison located in a different state. He sued the New Hanover Township Municipal Clerk and Registrar, claiming she had violated his civil rights contrary to the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, by applying the requirement in N.J.S.A. 37:1-7 and -8 that couples appear in person to obtain a marriage license. He appeals an order denying his motion for a preliminary injunction and granting defendant's cross-motion to dismiss the complaint. He argues the enforcement of the in-person requirement was unconstitutional and contends the motion judge should have used his equitable powers to enjoin enforcement of the requirement.
The court rejects both arguments. The court holds the statutes at issue do not create an unconstitutional bar of a prisoner's right to marry but instead apply to individuals who want to marry and are reasonably related to the legitimate goal of ensuring the validity of marriages. The court also holds the motion judge could not have used his equitable powers to enjoin defendant's enforcement of the statutory in-person requirement. Accordingly, the court affirms the dismissal of plaintiff's complaint and the denial of plaintiff's motion for a preliminary injunction.
