Recognition of same-sex unions in New Jersey 1605434 222860530 2008-07-01T13:44:10Z User0529 7280847 moved [[Recognition of gay unions in New Jersey]] to [[Recognition of same-sex unions in New Jersey]]: -- {{gay unions}} [[New Jersey]] has legislated for both [[domestic partnership]]s and [[civil unions]], and recognizes out-of-state [[same-sex marriage]]s as equivalent to civil unions conducted in the state. According to the state attorney-general, civil unions conducted in the Garden State have "substantially all of the rights and benefits of [[marriage]]s", conducted in New Jersey.<ref name='NJ AG 021707'>{{cite news | first=Stuart | last=Rabner | coauthors= | title=Formal Opinion | date=2007-02-17 | publisher=New Jersey | url =http://www.nj.gov/oag/newsreleases07/ag-formal-opinion-2.16.07.pdf | work =Attorney General | pages = | accessdate = 2007-07-24 | language = }}</ref> ==Civil Unions== ===''Lewis v. Harris''=== {{main|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. 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<ref name='njpl122106'> {{cite web|url=http://www.njleg.state.nj.us/2006/Bills/A4000/3787_I1.PDF |title=New Jersey Public Law 2006, c.103 |accessdate=2007-07-31 |date=2006 |publisher=New Jersey Legislature }}</ref> which was signed into law by the [[Governor of New Jersey|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.<ref name='USGAO'> {{cite web|url=http://nclrights.org/publications/pubs/2004GAO.pdf |title=Defense of Marriage Act: Update to Prior Report, Letter to Senator Bill Frist |accessdate=2007-04-28 |date=2004-01-23 |work=General Accounting Office |publisher=United States }}</ref>. The law provides<ref name='njpl122106'> {{cite web|url=http://www.njleg.state.nj.us/2006/Bills/A4000/3787_I1.PDF |title=New Jersey Public Law 2006, c.103 |accessdate=2007-07-31 |date=2006 |publisher=New Jersey Legislature }}</ref> 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,<ref name='njpl122106'> {{cite web|url=http://www.njleg.state.nj.us/2006/Bills/A4000/3787_I1.PDF |title=New Jersey Public Law 2006, c.103 |accessdate=2007-07-31 |date=2006 |publisher=New Jersey Legislature }}</ref> 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 [http://www.njsba.com/ 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 marriage bill proposed by openly gay Assemblyman [[Reed Gusciora]], 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." <ref>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</ref> Among the companies flouting 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.'" <ref>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</ref> 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." <ref>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</ref> The company also noted that it already offers equality of benefits to married same-sex couples in [[Same-sex marriage in Massachusetts|Massachusetts]], and would review its policies in [[Civil unions in Connecticut|Connecticut]] and [[Civil unions in Vermont|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." <ref name='NJ AG 021707'>{{cite news | first=Stuart | last=Rabner | coauthors= | title=Formal Opinion | date=2007-02-17 | publisher=New Jersey | url =http://www.nj.gov/oag/newsreleases07/ag-formal-opinion-2.16.07.pdf | work =Attorney General | pages = | accessdate = 2007-07-24 | language = }}</ref> 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."<ref name='lambda2007'>{{cite news | first= | last= | coauthors= | title=Civil Unions for Same-sex Couples in New Jersey | date=2007 | publisher=Lambda Legal | url =http://data.lambdalegal.org/pdf/772.pdf | work =lambdalegal.org | pages = | accessdate = 2007-07-31 | language = }}</ref> 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.<ref name='NJ AG 021707'>{{cite news | first=Stuart | last=Rabner | coauthors= | title=Formal Opinion | date=2007-02-17 | publisher=New Jersey | url =http://www.nj.gov/oag/newsreleases07/ag-formal-opinion-2.16.07.pdf | work =Attorney General | pages = | accessdate = 2007-07-24 | language = }}</ref><ref name='lambda2007'>{{cite news | first= | last= | coauthors= | title=Civil Unions for Same-sex Couples in New Jersey | date=2007 | publisher=Lambda Legal | url =http://data.lambdalegal.org/pdf/772.pdf | work =lambdalegal.org | pages = | accessdate = 2007-07-31 | language = }}</ref> ==Recognition of out-of-state relationships== On [[February 16]], [[2007]], [[Stuart Rabner]], then the [[Attorney General of New Jersey]], issued a Formal Opinion <ref name='NJ AG 021707'>{{cite news | first=Stuart | last=Rabner | coauthors= | title=Formal Opinion | date=2007-02-17 | publisher=New Jersey | url =http://www.nj.gov/oag/newsreleases07/ag-formal-opinion-2.16.07.pdf | work =Attorney General | pages = | accessdate = 2007-07-24 | language = }}</ref> 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: *[[Recognition of gay unions in Vermont|Vermont]] - civil unions *[[Recognition of gay unions in Connecticut|Connecticut]] - civil unions *[[Domestic partnership in California|California]] - domestic partnerships *[[Civil partnership in the United Kingdom|Great Britain]], [[Civil union in New Zealand|New Zealand]], [[Civil union in Iceland|Iceland]], and [[Civil union in Sweden|Sweden]] - government-sanctioned relationships that afford same-sex couples "rights and benefits identical to civil marriage" In addition, the attorney general stated that same-sex marriages contracted in the following jurisdictions are to be treated as New Jersey civil unions also: *[[Same-sex marriage in Massachusetts|Massachusetts]] *[[Same-sex marriage in the Netherlands|The Netherlands]] *[[Same-sex marriage in Belgium|Belgium]] *[[Same-sex marriage in South Africa|South Africa]] *[[Same-sex marriage in Spain|Spain]] (Presumably, [[same-sex marriage in California]], as authorized by the [[In re Marriage Cases|Marriage Cases ruling]] after [[17 June]], [[2008]], will also be treated as civil unions in New Jersey.) 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: *[[Domestic partnership in Maine|Maine]] - domestic partnerships *[[Domestic partnership in the District of Columbia|District of Columbia]] - domestic partnerships *[[Reciprocal beneficiary relationships in Hawaii|Hawaii]] - reciprocal beneficiary relationships *government-sanctioned same-sex relationships in [[Recognition of same-sex unions in Andorra|Andorra]], [[Recognition of gay unions in Colombia|Columbia]], [[Civil union in Croatia|Croatia]], [[Civil union in the Czech Republic|Czech Republic]], [[Recognition of gay unions in Denmark|Denmark]], [[Civil union in Finland|Finland]], [[Pacte civil de solidarité|France]], [[Recognition of gay unions in Germany|Germany]], [[Recognition of gay unions in Hungary|Hungary]], [[Same-sex marriage in Israel|Israel]], [[Civil union in Luxembourg|Luxembourg]], [[Recognition of gay unions in Norway|Norway]], [[Civil union in Portugal|Portugal]], [[Civil union in Slovenia|Slovenia]], [[Civil union in Switzerland|Switzerland]], as well as *parts of [[Civil union in Argentina|Argentina]], [[Recognition of gay unions in Italy|Italy]], [[Recognition of same-sex unions in Brazil|Brazil]], [[Recognition of gay unions in Mexico|Mexico]], and *all [[Recognition of same-sex relationships in Australia|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." <ref name='NJ AG 021707'>{{cite news | first=Stuart | last=Rabner | coauthors= | title=Formal Opinion | date=2007-02-17 | publisher=New Jersey | url =http://www.nj.gov/oag/newsreleases07/ag-formal-opinion-2.16.07.pdf | work =Attorney General | pages = | accessdate = 2007-07-24 | language = }}</ref> ==Public opinion== {|class="wikitable" |+ Same-Sex Marriage in New Jersey |- style="background-color:#E9E9E9" | width="120px" align="center"|'''Polling Firm''' | width="100px" align="center"|'''Month''' | width="50px" align="center"|'''Link''' | width="50px" bgcolor="yellowgreen" align="center"| '''Favor''' | width="50px" bgcolor="lightcoral" align="center"| '''Oppose''' |- |[[John Zogby|Zogby International]]||August 2007||[http://www.gardenstateequality.org/poll.htm]||'''48.1'''||44.6 |- |[[Rutgers University|Rutgers-Eagleton]]||June 2006||[http://eagletonpoll.rutgers.edu/polls/EagletonPoll_GayMarriageData.pdf PDF]||'''49'''||44 |- |Zogby International||February 2006||[http://www.gardenstateequality.org/poll.htm]||'''56'''||39 |- |Zogby International||April 2005||[http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/7084 HTML]||'''54.5'''||40.1 |- |Rutgers-Eagleton||September 2003||[http://eagletonpoll.rutgers.edu/polls/EagletonPoll_GayMarriageData.pdf PDF]||43||'''50''' |- |Zogby International||July 2003||[http://www.gardenstateequality.org/poll.htm]||'''55'''||41 |} * A poll conducted in June 2006 showed the majority of New Jerseyans favored a law legalizing civil unions, with 66% in favor and 29% opposed. <ref>[http://eagletonpoll.rutgers.edu/polls/EagletonPoll_GayMarriageData.pdf Poll Results]</ref> * 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. <ref>[http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/7084 Many Back Same-Sex Marriage In New Jersey]</ref> ==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== {{reflist}} ==External links== *[http://abclocal.go.com/wabc/story?section=local&id=4872275 Garden State Equality's "Practical Guide to Civil Unions"] *[http://www.njleg.state.nj.us/2006/Bills/A4000/3787_I1.PDF Text of New Jersey Civil Unions Bill] (long PDF document) *[http://www.state.nj.us/health/vital/faq.shtml#MAR ''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]] *[http://data.lambdalegal.org/pdf/772.pdf Lambda Legal FAQ] *[http://www.stephenhyland.com/2007/02/nj_ag_issues_op.html "NJ Ag Issues Opinion on Marriage Recognition," February 16, 2007] *[http://www.gardenstateequality.org/ Garden State Equality] *[http://www.njsba.com/ New Jersey State Bar Association] {{Same-sex marriage in the United States}} [[Category:Same-sex marriage in the United States|New Jersey]] [[Category:New Jersey law]] [[Category:Family law]]