Domestic partnerships in New Jersey
Encyclopedia
Recognition of same-sex unions in New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

is legal in the form of civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

s in that state.

New Jersey was one of the first states to implement a domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...

s scheme, after California, in 2003. Gay rights advocates, brought the issues before the New Jersey Supreme Court in Lewis v. Harris
Lewis v. Harris
Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution....

in 2006. The judges struck down the domestic partership arrangement, and split 4 to 3 to allow the legislature to pass civil unions instead of allowing gay marriage. In December 2006, the New Jersey Legislature passed a bill providing for civil unions and recognizing other states' civil unions.

Reports by the New Jersey State Bar Association and local newspapers have found that civil unions are not widely recognized and fail to provide equal treatment. The Civil Union Review Commission created by the Civil Union Act has also found this, and recommends gender-neutral marriage laws as a remedy.

In late 2009, Lame duck
Lame duck (politics)
A lame duck is an elected official who is approaching the end of his or her tenure, and especially an official whose successor has already been elected.-Description:The status can be due to*having lost a re-election bid...

 Governor Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...

 stated that he would sign a bill legalizing same-sex marriage if it came to his desk before he left office, while his newly elected
New Jersey gubernatorial election, 2009
The New Jersey gubernatorial election of 2009 took place on November 3, 2009. Democratic Governor Jon Corzine was running for a second term and was being challenged by Republican Chris Christie, Independent Christopher Daggett and nine others, in addition to several write-in candidates...

  Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 successor Chris Christie said that he would promote a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

 to ban same-sex marriage.

A same-sex marriage bill was introduced to the legislature but was defeated in the Senate on January 7, 2010. The current political situation makes Christie's amendment unlikely.

Domestic Partnerships

The New Jersey Legislature
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...

 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." 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."

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.

Lewis v. Harris

On October 25, 2006, the Supreme Court of New Jersey unanimously ruled in Lewis v. Harris
Lewis v. Harris
Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution....

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 civil marriage rights to same-sex couples would resolve the constitutional defect, or whether another change in statute 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
Deborah T. Poritz
Deborah Tobias Poritz is an American jurist. She was the Chief Justice of the New Jersey Supreme Court from 1996 to 2006, and was the Attorney General of New Jersey from 1994 – 1996, in both cases becoming the first woman to serve in that position.-Biography:Poritz was born in Brooklyn, New...

, 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
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...

 passed a bill providing for civil unions which was signed into law by the Governor
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...

 Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...

 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
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...

 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.

The law provides 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, 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 marriage bill proposed by openly gay Assemblyman Reed Gusciora
Reed Gusciora
Reed Gusciora is an American Democratic Party politician, who has served in the New Jersey General Assembly since 1996, where he represents the 15th Legislative District...

, 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 entered civil-unions, according to the New Jersey Department of Health and Senior Services
New Jersey Department of Health and Senior Services
The New Jersey Department of Health and Senior Services is a governmental agency of the U.S. state of New Jersey.New Jersey's State Board of Health was established in 1877. Its administrative functions were vested in the Department of Health, which was created in 1947. In 1996, the latter was...

. 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 two 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." Among the companies flouting state law were shipping companies UPS
United Parcel Service
United Parcel Service, Inc. , typically referred to by the acronym UPS, is a package delivery company. Headquartered in Sandy Springs, Georgia, United States, UPS delivers more than 15 million packages a day to 6.1 million customers in more than 220 countries and territories around the...

, FedEx
FedEx
FedEx Corporation , originally known as FDX Corporation, is a logistics services company, based in the United States with headquarters in Memphis, Tennessee...

, and DHL
DHL
DHL Express is a division of the German logistics company Deutsche Post providing international express mail services. DHL is a world market leader in sea and air mail....

, as well as a number of Fortune 500
Fortune 500
The Fortune 500 is an annual list compiled and published by Fortune magazine that ranks the top 500 U.S. closely held and public corporations as ranked by their gross revenue after adjustments made by Fortune to exclude the impact of excise taxes companies collect. The list includes publicly and...

 companies.

UPS spokesman Norman Black had claimed that the company's collective bargaining agreement with the Teamsters
Teamsters
The International Brotherhood of Teamsters is a labor union in the United States and Canada. Formed in 1903 by the merger of several local and regional locals of teamsters, the union now represents a diverse membership of blue-collar and professional workers in both the public and private sectors....

 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.'"

On July 20, 2007, Governor Jon 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."

The company also noted that it already offers equality of benefits to married same-sex couples in Massachusetts
Same-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...

, and would review its policies in Connecticut and Vermont
Civil unions in Vermont
Same-sex marriage in Vermont began on September 1, 2009. Vermont was the first state to introduce civil unions in July 2000, and the first state to introduce same-sex marriage by enacting a statute without being required to do so by a court decision....

, which also offer civil unions (and have since enacted legislation legalizing same-sex marriage).

Same sex marriage

The commission formed to review whether civil unions have brought equality to same sex couples has determined that civil unions have failed to provide equal treatment. On December 10, 2008, the Commission unanimously released its finding that marriage laws should be made gender neutral to ensure equal treatment of same sex couples. Governor Corzine had indicated that he would sign a bill to allow same-sex marriage.

On December 7, 2009, the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...

 Judicial Committee approved a civil marriage equality bill by a vote of 7 to 6, after seven hours of testimony and debate. It was amended in committee to clarify that clergy would not be required to perform weddings for same-sex couples. On January 7, 2010 the New Jersey State Senate defeated the measure in a 20-14 vote.

On June 29, 2011, Lambda Legal
Lambda Legal
Lambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...

 filed suit in Superior Court on behalf Garden State Equality, seven same-sex couples, and several of their children, arguing that New Jersey's civil unions do not provide the same rights as marriage as required by the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...

's decision in Lewis v. Harris
Lewis v. Harris
Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution....

(2006).

Recognition of out-of-state relationships

New Jersey recognizes some same-sex relationships contracted out of state as either equivalent to and having the same legal force as New Jersey civil unions, where they "provide substantially all the rights and benefits of marriage", or as equivalent and having the same legal force as New Jersey domestic partnerships, where they "provide some but not all of the rights and obligations of marriage").

Economic Impact of Extending Marriage to Same Sex Couples

A UCLA study estimates the potential economic impact of same-sex marriage on the State of New Jersey and concludes that the gain would be substantial. If New Jersey were to give same-sex couples the right to marry, that is marriage itself and not civil unions, the State would likely experience a surge in spending on weddings by same-sex couples who currently live in New Jersey, as well as an increase in wedding and tourist spending by same-sex couples from other states. The analysis outlined in detail in the report predicts that sales by New Jersey’s wedding and tourism-related businesses would rise by $102.5 million in each of the first three years when marriage for same-sex couples is legal. As a result, the State’s gross receipt tax revenues would rise by $7.2 million per year, and 1,400 new jobs would be created in relevant industries.

Public opinion

Same-Sex Marriage in New Jersey
Polling Firm Month Link Favor Oppose
Rutgers
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...

-Eagleton
Eagleton Institute of Politics
The Eagleton Institute of Politics at Rutgers University was established in 1956 with an endowment from Florence Peshine Eagleton , and it focuses on state and national politics through education, and public service.-Background:...

October 2011 http://www.politickernj.com/52063/rutgers-eagleton-52-nj-voters-support-same-sex-marriage 52 39
Rutgers
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...

-Eagleton
Eagleton Institute of Politics
The Eagleton Institute of Politics at Rutgers University was established in 1956 with an endowment from Florence Peshine Eagleton , and it focuses on state and national politics through education, and public service.-Background:...

August 2011 http://news.rutgers.edu/medrel/news-releases/2011/09/majority-of-new-jers-20110901 52 32
Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...

July 2011 http://www.publicpolicypolling.com/pdf/PPP_Release_NJ_0725.pdf 47 42
Quinnipiac
Quinnipiac University
Quinnipiac University is a private, nonsectarian, coeducational university located in Hamden, Connecticut, United States at the foot of Sleeping Giant State Park...

November 2009 http://www.quinnipiac.edu/x1299.xml?ReleaseID=1400 46 49
Rutgers
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...

Eagleton
Eagleton Institute of Politics
The Eagleton Institute of Politics at Rutgers University was established in 1956 with an endowment from Florence Peshine Eagleton , and it focuses on state and national politics through education, and public service.-Background:...

November 2009 http://eagletonpoll.rutgers.edu/polls/release_11-18-09.pdf 50 42
Quinnipiac April 2009 http://www.philly.com/philly/wires/ap/news/state/new_jersey/20090423_ap_pollfindsnjvoterssupportgaymarriage.html 49 43
Zogby International
John Zogby
John Zogby is an American political pollster and first senior fellow at The Catholic University of America's Life Cycle Institute. He is the founder, president and CEO of Zogby International, a polling firm known for both phone polling and interactive, Internet-based polling.-Early years:Zogby...

August 2008 http://www.politickernj.com/editor/22383/poll-nj-voters-back-marriage-equality 50 42
Zogby International
John Zogby
John Zogby is an American political pollster and first senior fellow at The Catholic University of America's Life Cycle Institute. He is the founder, president and CEO of Zogby International, a polling firm known for both phone polling and interactive, Internet-based polling.-Early years:Zogby...

August 2007 http://www.gardenstateequality.org/poll.htm 48.1 44.6
Rasmussen Reports
Rasmussen Reports
Rasmussen Reports is an American media company that publishes and distributes information based on public opinion polling. Founded by pollster Scott Rasmussen in 2003, the company updates daily indexes including the President's job approval rating, and provides public opinion data, analysis, and...

July 2006 http://rasmussenreports.com/public_content/current_events/other_current_events/same_sex_marriage_garden_state_s_highest_court_approves_rights_for_gay_couples 42 54
Rutgers-Eagleton
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...

June 2006 PDF 49 44
Zogby International February 2006 http://www.gardenstateequality.org/poll.htm 56 39
Zogby International April 2005 HTML 54.5 40.1
Rutgers-Eagleton September 2003 PDF 43 50
Zogby International July 2003 http://www.gardenstateequality.org/poll.htm 55 41


Not all polling questions are the same. The 2009 Rutgers poll that found more support asks if voters will accept a decision by the legislature to legalize same-sex marriage, while the 2006 Rasmussen Reports survey that found more opposed asks whether voters personally define marriage as a union of a man and a woman or between a union of two people. A Zogby International poll conducted in April 2005 asked about same-sex couples 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. New Jerseyans supported civil unions in 2006 before the passage of the Civil Unions Act, with 66% in favor and 29% opposed.

A July 2011 Public Policy Polling survey found that 81% of New Jersey voters supported legal recognition of same-sex couples, with 41% supporting same-sex marriage and 40% supporting civil unions, while only 17% opposed all legal recognition and 2% were not sure.

New Jersey trends mirrored national trends, in that women, young people, Latinos, people with a college education, and people who know gay men and lesbians were more supportive of same-sex marriage than men, the elderly, blacks, people without a college education, and those who do not know any gay men or lesbians were most opposed. However, gay marriage was not seen as an "important issue" by the latter groups, and the Eagleton Institute found that they were not likely to be source of opposition to the bill if it passed. In New Jersey, a majority of Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 support same-sex marriage, a majority of Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 are opposed, and a plurality of Independents
Independent (voter)
An independent voter, those who register as an unaffiliated voter in the United States, is a voter of a democratic country who does not align him- or herself with a political party...

 favor same-sex marriage.

External links

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