Supreme Court of New Jersey
Sojourner A., on Her Own Behalf and as Guardian Ad Litem for Her Infant Y.A.; Angela B., on Her Own Behalf and as…
August 4, 2003177 N.J. 318
Summary
The Supreme Court of New Jersey affirmed the Appellate Division, holding that New Jersey’s “family cap” provision in the Work First New Jersey Act does not violate the state constitution’s privacy or equal‑protection guarantees because the statute is substantially related to legitimate state interests in promoting self‑sufficiency and reducing welfare dependency. The Court applied the balancing test from Right to Choose and Greenberg and rejected the plaintiffs’ claim that the cap unduly burdens a woman’s procreative choices.
Holding
- Whether the family‑cap provision infringes a woman’s fundamental right to privacy under Article I, paragraph 1 of the New Jersey Constitution.. The provision does not violate the privacy right because the state’s interest in promoting self‑sufficiency is compelling and the intrusion is not undue.
- Whether the family‑cap provision violates equal‑protection guarantees of the New Jersey Constitution by discriminating against children born to welfare recipients based on the timing of their birth.. The provision does not violate equal‑protection because it is rationally related to legitimate state interests and treats similarly situated families alike.
Cited authorities
- 42 U.S.C. § 601
- 42 U.S.C. §§ 601-608
- 42 U.S.C. § 607
Cited by
- State of New Jersey in the Interest of T.c., a Juvenile.
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- B.h. v. State of New Jersey, Department of Human Services
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- New Jersey State Bar Association, a Not-For-Profit Corporation, and Peggy Sheahan Knee v. State of New…
- Lula M. Henry, Plaintiff-Appellant v. New Jersey Department of Human Services; Hon. Clark E. Bruno, Acting…
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