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EspañolRECOGNITION OF GAY UNIONS IN NEW JERSEY
(Redirected from Same-sex marriage in New Jersey)
New Jersey has legislated for both domestic partnerships and civil unions, and recognizes out-of-state same-sex marriages as equivalent to civil unions conducted in the state. According the the state attorney-general, civil unions conducted in the Garden State have "substantially all of the rights and benefits of marriages," conducted in New Jersey. Formal Opinion Stuart Rabner
Main articles: Lewis v. Harris
On October 25, 2006, the Supreme Court of New Jersey unanimously ruled in ''Lewis v. Harris'' that the "unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution." With the ''Harris'' decision, gay couples were granted the same rights, benefits and responsibilities as heterosexual couples with respect to their relationships.
This was the first time in the history of the United States that the highest court of any state had ruled unanimously in favor of the rights of same-sex couples.
While the decision was widely reported as a 4-3 split, the differences between the Justices on the Court were on whether only the provision of marriage rights to same-sex couples would resolve the constitutional defect, or whether another statutory scheme would pass constitutional scrutiny. The Court avoided the question of what to call the legal status, leaving that to, as the majority stated, the "crucible of the democratic process."
The dissent, led by then-Chief Justice Deborah T. Poritz, chastised the junior members of the Court who said that anything other than marriage would provide equal rights: "What we name things matters, language matters...Labels set people apart surely as physical separation on a bus or in school facilities...By excluding same-sex couples from civil marriage, the State declares that it is legitimate to differentiate between their commitments and the commitments of heterosexual couples. Ultimately the message is that what same-sex couples have is not as important or as significant as "real" marriage, that such lesser relationships cannot have the name of marriage."
The court gave the state legislature six months to enact legislation providing for civil unions.
On December 14, 2006, the New Jersey Legislature passed a bill providing for civil unions New Jersey Public Law 2006, c.103 which was signed into law by the Governor Jon Corzine on December 21, 2006. The ''Civil Union Act'' came into effect on February 19, 2007.
Same-sex couples who enter into a civil union are provided almost all of the rights granted to married couples under New Jersey state law. However, under the provisions of the federal Defense of Marriage Act or DOMA, same-sex couples in marriages, civil unions, or domestic partnerships do not have any right or entitlement to the 1,138 rights that a married couple has under federal law. Defense of Marriage Act: Update to Prior Report, Letter to Senator Bill Frist .
The law provides New Jersey Public Law 2006, c.103 for the creation of a Civil Unions Review Commission that will evaluate the law's effectiveness and any problems resulting therefrom, and will report every six months for three years following enactment to assess the impact of the law. The first meeting of the Civil Unions Review Commission took place on June 18, 2007. The Commission elected a chair, Frank Vespa-Papaleo, the current Director of the New Jersey Division of Civil Rights, and the Commission plans on meeting monthly as well as conducting periodic public meetings.
According to the new civil union law, New Jersey Public Law 2006, c.103 when a same-sex couple receives a civil union, their domestic partnership is automatically terminated by the civil union. However, those couples who remain in domestic partnerships and elect to not enter into a civil union will be allowed to remain as domestic partners.
The New Jersey State Bar Association took a formal position against the adoption of Civil Unions law, citing inherent and obvious problems and confusion the law has for the state's citizens and the legal representation. In addition, the NJSBA formally endorsed the Gusciora marriage bill, saying that only marriage equality would meet the standard mandated by the NJ Supreme Court in its ''Lewis'' decision.
In addition, newspapers have also covered the apparent failure of the civil union law, once it became effective on February 19, 2007, to provide equal protection consistently to same-sex couples in New Jersey. The New York Times, the Star-Ledger and the Bergen Record have each done investigative stories on employers and insurers failing to provide benefits to civil unioned couples.
During the first 90 days of the law, 852 same-sex couples had gotten civil-unioned, according to the New Jersey Department of Health and Senior Services. During the same 90 days, the LGBT civil rights organization Garden State Equality reported that it has received alleged complaints from 102 couples denied benefits by employers or insurers.
On May 22, 2007, the Star-Ledger reported that the New Jersey Division on Civil Rights has received at least 270 inquiries from civil-unioned couples denied benefits by employers or insurers. As of June 18, 2007, however, only 2 complaints had actually been filed with the NJ Division of Civil Rights, it was reported at the first meeting of the Civil Unions Review Commission.
According to the LGBT civil rights organization Garden State Equality, by the end of July 2007, 211 of the 1,358 couples (1 out of 7) who had entered New Jersey civil unions since February 19 had "reported to Garden State Equality that their employers refused to recognize their civil unions." [1] Among the companies flauting state law were shipping companies United Parcel Service, Federal Express, and DHL, as well as a number of Fortune 500 companies.
UPS spokesman Norman Black had claimed that the company's collective bargaining agreement with the Teamsters union, representing about 8,700 UPS employees in New Jersey, stood in the way of extending benefits to same-sex partners: "the company's current union contract specifies that the benefits can only be extended to "'spouses,'" but that New Jersey's civil unions law doesn't specifically call civil union partners "'spouses.'" [2]
On July 20, 2007, Governor Jon S. Corzine sent a letter to UPS officials on behalf of a UPS driver and her partner, asking the company to comply with New Jersey law and extend spousal benefits such as health insurance to civil union partners. On July 30, Allen Hill, UPS's senior vice president for human resources, announced, "We have received clear guidance that, at least in New Jersey, the state truly views civil union partners as married. We've heard that loud and clear from state officials and we're happy to make this change." [3]
The company also noted that it already offers equality of benefits to married same-sex couples in Massachusetts, and would review its policies in Connecticut and Vermont, which also offer civil unions.
The New Jersey Legislature enacted the Domestic Partnership Act, P.L.2003, c. 246, on January 12, 2004, which came into effect on July 10, 2004. The law made domestic partnerships available to all same-sex couples, as well as to different-sex couples aged 62 and older. The domestic partnership statute provides "limited healthcare, inheritance, property rights and other rights and obligations" but "[does] not approach the broad array of rights and obligations afforded to married couples." Formal Opinion Stuart Rabner For example, as Lambda Legal states, the law "required health and pension benefits [only] for state employees — it was voluntary for other employers — and did not require family leave to care for an ill partner." Civil Unions for Same-sex Couples in New Jersey
The domestic partnership statute remains in place even though New Jersey has since enacted a civil union statute. Couples in an existing domestic partnership are not required to enter a civil union. However, new domestic partnerships are available only to couples in which both partners are 62 and over, whether same-sex or different-sex. Formal Opinion Stuart Rabner Civil Unions for Same-sex Couples in New Jersey
On February 16, 2007, Stuart Rabner, then the Attorney General of New Jersey, issued a Formal Opinion Formal Opinion Stuart Rabner to the state registrar of vital statistics, containing guidelines for recognizing same-sex relationships contracted out of state. Those that "provide substantially all the rights and benefits of marriage," are to be treated as civil unions in New Jersey. The attorney general named the following as specific equivalents to New Jersey civil unions:
★ Vermont - civil unions
★ Connecticut - civil unions
★ California - domestic partnerships
★ Great Britain, New Zealand, Iceland, and Sweden - government-sanctioned relationships that afford same-sex couples "rights and benefits identical to civil marriage"
In addition, same-sex marriages contracted in the following jurisdictions are to be treated as New Jersey civil unions also:
★ Massachusetts
★ Canada
★ The Netherlands
★ Belgium
★ South Africa
★ Spain
However, the attorney general named the following same-sex relationships, which "provide notably fewer rights" than marriage, to be treated as domestic partnerships under New Jersey law:
★ Maine - domestic partnerships
★ District of Columbia - domestic partnerships
★ Hawaii - reciprocal beneficiary relationships
★ government-sanctioned same-sex relationships in Andorra, Columbia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Israel, Luxembourg, Norway, Portugal, Slovenia, Switzerland, as well as
★ parts of Argentina, Italy, Brazil, Mexico, and
★ all Australian states.
The attorney general further stated that other "government-sanctioned same-sex relationships offered by foreign nations" besides those named in this Formal Opinion "are valid" as either domestic partnerships or civil unions in New Jersey, depending on which one they "more closely approximate." Formal Opinion Stuart Rabner
★ A Zogby International Poll, conducted in August 2007, showed that 63% of New Jerseyans would support the upgrading of the state's civil unions to marriages, while 31% would oppose it.
★ A poll conducted in June 2006 showed the majority of New Jerseyans feel same-sex marriage should be legal in the state. 49% favored same-sex marriage, while 44% were opposed. Nearly 2/3 of respondents, 66%, said they would agree with a law legalizing civil unions, while 29% were opposed. [4]
★ A Zogby International Poll, conducted in February 2006 and commissioned by Garden State Equality, found 56% of the State support a change in the marriage law that would allows same-sex couples the right to marry. 39% would oppose the change. By a 67%-28% margin, New Jersey voters say they oppose the idea of a constitutional amendment to ban gay marriage, and want the legislature to accept the decision of the Supreme Court. By a 77%-20% margin, New Jersey voters also say the legislature has better priorities than to try to amend the constitution to bar gay marriage.
★ Another Zogby International poll, conducted in April 2005, also commissioned by Garden State Equality, found 54.5% of New Jerseyans favored same-sex marriage. 40.1% disagreed, with 5.4% not yet having an opinion. When asked if those who were legally married outside of the State, 57.5% felt the marriages should be recognized, 37.2% thought the State shouldn't recognize them, and 5.3% weren't sure. [5]
★ In September 2003, a Rutgers-Eagleton poll found 50% were opposed to same-sex marriage, while 43% were in favor. [6]
★ In July 2003, a Zogby International poll discovered 55% of residents in the Garden State favored same-sex marriage. 41% were opposed.
★ Same-sex marriage in the United States
★ Same-sex marriage legislation in the United States
★ Same-sex marriage in the United States by state
★ Same-sex marriage in the United States public opinion
★ Same-sex marriage status in the United States by state
★ List of benefits of marriage in the United States
★ Defense of Marriage Act
★ Marriage Protection Act
★ Defense of marriage amendment
★ Federal Marriage Amendment
★ Domestic partnerships in the United States
★ Freedom to Marry Coalition
★ History of civil marriage in the U.S.
1. http://www.politicsnj.com/ups-caves-fed-ex-dhl-and-scores-other-companies-continue-flaunt-new-jerseys-civil-unions-law-10618 "As UPS caves in, Fed Ex, DHL and scores of other companies continue to flaunt New Jersey's civil unions law," ''PoliticsNJ.com'', 7/30/07
2. http://www.app.com/apps/pbcs.dll/article?AID=/20070721/NEWS03/707210342/1007 "Corzine urges UPS to honor civil unions," ''Asbury Park Press'', 7/21/07
3. http://www.usatoday.com/news/nation/2007-07-30-ups-civil-unions_N.htm "UPS changes policy, gives benefits to partners of gay N.J. workers," ''USA Today'', 7/31/07
4. Poll Results
5. Many Back Same-Sex Marriage In New Jersey
6. Poll Results
★ Garden State Equality's "Practical Guide to Civil Unions"
★ Text of New Jersey Civil Unions Bill (long PDF document)
★ ''Frequently Asked Questions'', links to pages on requirements for domestic partnerships, civil unions, and marriages, New Jersey Department of Health and Senior Services, March 20, 2007
★ Lambda Legal FAQ
★ "NJ Ag Issues Opinion on Marriage Recognition," February 16, 2007
★ Garden State Equality
★ New Jersey State Bar Association
New Jersey has legislated for both domestic partnerships and civil unions, and recognizes out-of-state same-sex marriages as equivalent to civil unions conducted in the state. According the the state attorney-general, civil unions conducted in the Garden State have "substantially all of the rights and benefits of marriages," conducted in New Jersey. Formal Opinion Stuart Rabner
Civil Unions
''Lewis v. Harris''
Main articles: Lewis v. Harris
On October 25, 2006, the Supreme Court of New Jersey unanimously ruled in ''Lewis v. Harris'' that the "unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution." With the ''Harris'' decision, gay couples were granted the same rights, benefits and responsibilities as heterosexual couples with respect to their relationships.
This was the first time in the history of the United States that the highest court of any state had ruled unanimously in favor of the rights of same-sex couples.
While the decision was widely reported as a 4-3 split, the differences between the Justices on the Court were on whether only the provision of marriage rights to same-sex couples would resolve the constitutional defect, or whether another statutory scheme would pass constitutional scrutiny. The Court avoided the question of what to call the legal status, leaving that to, as the majority stated, the "crucible of the democratic process."
The dissent, led by then-Chief Justice Deborah T. Poritz, chastised the junior members of the Court who said that anything other than marriage would provide equal rights: "What we name things matters, language matters...Labels set people apart surely as physical separation on a bus or in school facilities...By excluding same-sex couples from civil marriage, the State declares that it is legitimate to differentiate between their commitments and the commitments of heterosexual couples. Ultimately the message is that what same-sex couples have is not as important or as significant as "real" marriage, that such lesser relationships cannot have the name of marriage."
The court gave the state legislature six months to enact legislation providing for civil unions.
''Civil Union Act''
On December 14, 2006, the New Jersey Legislature passed a bill providing for civil unions New Jersey Public Law 2006, c.103 which was signed into law by the Governor Jon Corzine on December 21, 2006. The ''Civil Union Act'' came into effect on February 19, 2007.
Same-sex couples who enter into a civil union are provided almost all of the rights granted to married couples under New Jersey state law. However, under the provisions of the federal Defense of Marriage Act or DOMA, same-sex couples in marriages, civil unions, or domestic partnerships do not have any right or entitlement to the 1,138 rights that a married couple has under federal law. Defense of Marriage Act: Update to Prior Report, Letter to Senator Bill Frist .
The law provides New Jersey Public Law 2006, c.103 for the creation of a Civil Unions Review Commission that will evaluate the law's effectiveness and any problems resulting therefrom, and will report every six months for three years following enactment to assess the impact of the law. The first meeting of the Civil Unions Review Commission took place on June 18, 2007. The Commission elected a chair, Frank Vespa-Papaleo, the current Director of the New Jersey Division of Civil Rights, and the Commission plans on meeting monthly as well as conducting periodic public meetings.
According to the new civil union law, New Jersey Public Law 2006, c.103 when a same-sex couple receives a civil union, their domestic partnership is automatically terminated by the civil union. However, those couples who remain in domestic partnerships and elect to not enter into a civil union will be allowed to remain as domestic partners.
Criticisms
The New Jersey State Bar Association took a formal position against the adoption of Civil Unions law, citing inherent and obvious problems and confusion the law has for the state's citizens and the legal representation. In addition, the NJSBA formally endorsed the Gusciora marriage bill, saying that only marriage equality would meet the standard mandated by the NJ Supreme Court in its ''Lewis'' decision.
In addition, newspapers have also covered the apparent failure of the civil union law, once it became effective on February 19, 2007, to provide equal protection consistently to same-sex couples in New Jersey. The New York Times, the Star-Ledger and the Bergen Record have each done investigative stories on employers and insurers failing to provide benefits to civil unioned couples.
During the first 90 days of the law, 852 same-sex couples had gotten civil-unioned, according to the New Jersey Department of Health and Senior Services. During the same 90 days, the LGBT civil rights organization Garden State Equality reported that it has received alleged complaints from 102 couples denied benefits by employers or insurers.
On May 22, 2007, the Star-Ledger reported that the New Jersey Division on Civil Rights has received at least 270 inquiries from civil-unioned couples denied benefits by employers or insurers. As of June 18, 2007, however, only 2 complaints had actually been filed with the NJ Division of Civil Rights, it was reported at the first meeting of the Civil Unions Review Commission.
Denial of benefits by employers
According to the LGBT civil rights organization Garden State Equality, by the end of July 2007, 211 of the 1,358 couples (1 out of 7) who had entered New Jersey civil unions since February 19 had "reported to Garden State Equality that their employers refused to recognize their civil unions." [1] Among the companies flauting state law were shipping companies United Parcel Service, Federal Express, and DHL, as well as a number of Fortune 500 companies.
UPS spokesman Norman Black had claimed that the company's collective bargaining agreement with the Teamsters union, representing about 8,700 UPS employees in New Jersey, stood in the way of extending benefits to same-sex partners: "the company's current union contract specifies that the benefits can only be extended to "'spouses,'" but that New Jersey's civil unions law doesn't specifically call civil union partners "'spouses.'" [2]
On July 20, 2007, Governor Jon S. Corzine sent a letter to UPS officials on behalf of a UPS driver and her partner, asking the company to comply with New Jersey law and extend spousal benefits such as health insurance to civil union partners. On July 30, Allen Hill, UPS's senior vice president for human resources, announced, "We have received clear guidance that, at least in New Jersey, the state truly views civil union partners as married. We've heard that loud and clear from state officials and we're happy to make this change." [3]
The company also noted that it already offers equality of benefits to married same-sex couples in Massachusetts, and would review its policies in Connecticut and Vermont, which also offer civil unions.
Domestic Partnerships
The New Jersey Legislature enacted the Domestic Partnership Act, P.L.2003, c. 246, on January 12, 2004, which came into effect on July 10, 2004. The law made domestic partnerships available to all same-sex couples, as well as to different-sex couples aged 62 and older. The domestic partnership statute provides "limited healthcare, inheritance, property rights and other rights and obligations" but "[does] not approach the broad array of rights and obligations afforded to married couples." Formal Opinion Stuart Rabner For example, as Lambda Legal states, the law "required health and pension benefits [only] for state employees — it was voluntary for other employers — and did not require family leave to care for an ill partner." Civil Unions for Same-sex Couples in New Jersey
The domestic partnership statute remains in place even though New Jersey has since enacted a civil union statute. Couples in an existing domestic partnership are not required to enter a civil union. However, new domestic partnerships are available only to couples in which both partners are 62 and over, whether same-sex or different-sex. Formal Opinion Stuart Rabner Civil Unions for Same-sex Couples in New Jersey
Recognition of out-of-state relationships
On February 16, 2007, Stuart Rabner, then the Attorney General of New Jersey, issued a Formal Opinion Formal Opinion Stuart Rabner to the state registrar of vital statistics, containing guidelines for recognizing same-sex relationships contracted out of state. Those that "provide substantially all the rights and benefits of marriage," are to be treated as civil unions in New Jersey. The attorney general named the following as specific equivalents to New Jersey civil unions:
★ Vermont - civil unions
★ Connecticut - civil unions
★ California - domestic partnerships
★ Great Britain, New Zealand, Iceland, and Sweden - government-sanctioned relationships that afford same-sex couples "rights and benefits identical to civil marriage"
In addition, same-sex marriages contracted in the following jurisdictions are to be treated as New Jersey civil unions also:
★ Massachusetts
★ Canada
★ The Netherlands
★ Belgium
★ South Africa
★ Spain
However, the attorney general named the following same-sex relationships, which "provide notably fewer rights" than marriage, to be treated as domestic partnerships under New Jersey law:
★ Maine - domestic partnerships
★ District of Columbia - domestic partnerships
★ Hawaii - reciprocal beneficiary relationships
★ government-sanctioned same-sex relationships in Andorra, Columbia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Israel, Luxembourg, Norway, Portugal, Slovenia, Switzerland, as well as
★ parts of Argentina, Italy, Brazil, Mexico, and
★ all Australian states.
The attorney general further stated that other "government-sanctioned same-sex relationships offered by foreign nations" besides those named in this Formal Opinion "are valid" as either domestic partnerships or civil unions in New Jersey, depending on which one they "more closely approximate." Formal Opinion Stuart Rabner
Public opinion
| 'Polling Firm' | 'Month' | 'Link' | 'Favor' | 'Oppose' |
| Zogby International | August 2007 | [1] | '63' | 31 |
| Rutgers-Eagleton | June 2006 | '49' | 44 | |
| Zogby International | February 2006 | [2] | '56' | 39 |
| Zogby International | April 2005 | HTML | '54.5' | 40.1 |
| Rutgers-Eagleton | September 2003 | 43 | '50' | |
| Zogby International | July 2003 | [3] | '55' | 41 |
★ A Zogby International Poll, conducted in August 2007, showed that 63% of New Jerseyans would support the upgrading of the state's civil unions to marriages, while 31% would oppose it.
★ A poll conducted in June 2006 showed the majority of New Jerseyans feel same-sex marriage should be legal in the state. 49% favored same-sex marriage, while 44% were opposed. Nearly 2/3 of respondents, 66%, said they would agree with a law legalizing civil unions, while 29% were opposed. [4]
★ A Zogby International Poll, conducted in February 2006 and commissioned by Garden State Equality, found 56% of the State support a change in the marriage law that would allows same-sex couples the right to marry. 39% would oppose the change. By a 67%-28% margin, New Jersey voters say they oppose the idea of a constitutional amendment to ban gay marriage, and want the legislature to accept the decision of the Supreme Court. By a 77%-20% margin, New Jersey voters also say the legislature has better priorities than to try to amend the constitution to bar gay marriage.
★ Another Zogby International poll, conducted in April 2005, also commissioned by Garden State Equality, found 54.5% of New Jerseyans favored same-sex marriage. 40.1% disagreed, with 5.4% not yet having an opinion. When asked if those who were legally married outside of the State, 57.5% felt the marriages should be recognized, 37.2% thought the State shouldn't recognize them, and 5.3% weren't sure. [5]
★ In September 2003, a Rutgers-Eagleton poll found 50% were opposed to same-sex marriage, while 43% were in favor. [6]
★ In July 2003, a Zogby International poll discovered 55% of residents in the Garden State favored same-sex marriage. 41% were opposed.
See also
★ Same-sex marriage in the United States
★ Same-sex marriage legislation in the United States
★ Same-sex marriage in the United States by state
★ Same-sex marriage in the United States public opinion
★ Same-sex marriage status in the United States by state
★ List of benefits of marriage in the United States
★ Defense of Marriage Act
★ Marriage Protection Act
★ Defense of marriage amendment
★ Federal Marriage Amendment
★ Domestic partnerships in the United States
★ Freedom to Marry Coalition
★ History of civil marriage in the U.S.
References
1. http://www.politicsnj.com/ups-caves-fed-ex-dhl-and-scores-other-companies-continue-flaunt-new-jerseys-civil-unions-law-10618 "As UPS caves in, Fed Ex, DHL and scores of other companies continue to flaunt New Jersey's civil unions law," ''PoliticsNJ.com'', 7/30/07
2. http://www.app.com/apps/pbcs.dll/article?AID=/20070721/NEWS03/707210342/1007 "Corzine urges UPS to honor civil unions," ''Asbury Park Press'', 7/21/07
3. http://www.usatoday.com/news/nation/2007-07-30-ups-civil-unions_N.htm "UPS changes policy, gives benefits to partners of gay N.J. workers," ''USA Today'', 7/31/07
4. Poll Results
5. Many Back Same-Sex Marriage In New Jersey
6. Poll Results
External links
★ Garden State Equality's "Practical Guide to Civil Unions"
★ Text of New Jersey Civil Unions Bill (long PDF document)
★ ''Frequently Asked Questions'', links to pages on requirements for domestic partnerships, civil unions, and marriages, New Jersey Department of Health and Senior Services, March 20, 2007
★ Lambda Legal FAQ
★ "NJ Ag Issues Opinion on Marriage Recognition," February 16, 2007
★ Garden State Equality
★ New Jersey State Bar Association
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psst.. try this: add to faves
