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You are here: DiversityInc | Diversity News Free | N.J. Gov. to Make Ga . . .
N.J. Gov. to Make Gay Unions Official
By The Associated Press

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December 21, 2006

 

New Jersey's gay couples are gaining all the rights and responsibilities of marriage under state law as New Jersey moves to become the third in the nation to institute civil unions and the fifth to offer some version of marriage.

Gov. Jon S. Corzine planned to sign the civil-unions bill on Thursday.

When the law takes effect Feb. 19, New Jersey will join Connecticut and Vermont as states that allow civil unions for gay couples. Massachusetts allows gay couples to marry, while California has domestic partnerships that bring full marriage rights.

Gay couples granted civil unions in New Jersey will have adoption, inheritance, hospital visitation and medical decision-making rights and the right not to testify against a partner in state court.

The Legislature passed the civil-unions bill on Dec. 14 in response to an October state Supreme Court order that gay couples be granted the same rights as married couples. The court gave lawmakers six months to act but left it to them to decide whether to call the unions "marriage" or something else.

Gay couples welcome the law, but some argue that not calling the relationship "marriage" creates a different, inferior institution.

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Also, while the state law provides them with the benefits of married couples, they won't be entitled to the same benefits in the eyes of the federal government because of 1996 federal law that defines marriage as being between a man and a woman. Surviving partners won't be able to collect deceased partners' Social Security benefits, for example, said family lawyer Felice T. Londa, who represents many same-sex couples.

Donna Harrison, of Asbury Park, has been with her partner, Kathy Ragauckas, for nine years. She isn't exactly celebrating the bill signing, though she said she and Ragauckas will probably get a civil-union certificate.

"Although I think they provide some benefit, it is a different treatment of human beings," she said.

Chris Schwam and Steven Piacquiadio, of Collingswood, have been together for 20 years, have a 3-year-old son and had a big wedding in 1993, though it wasn't recognized legally. Schwam, 40, said they will get a civil union, but without a big fuss.

"I don't think my mother would be happy to pay for that again," he said.

The gay-rights group Garden State Equality has promised to push lawmakers to change the terminology to "marriage." Others are considering lawsuits to force full recognition of gay marriage.

The bill creates a commission that will regularly review the law and recommend possible changes.

Corzine, a Democrat, said that seems a reasonable approach, but he said calling the arrangement a civil union rather than gay marriage is preferable.

"For most people, marriage has a religious connotation, and for many there is a view that that term is not consistent with the teachings of their religious belief," the governor said. "So there is not democratic support in the broader society for that label, even though there is strong support for equal protection under the law."

Senate President Richard J. Codey, a Democrat who sponsored the bill, said time could bring change.

"The history of civil-rights progress, whether it's women's rights, minorities' rights or any other movement, is one that is typically achieved in incremental steps," Codey said. "This is, by no means, the end, but it is a major step forward."

Social conservative groups and lawmakers opposed the measure, reasoning it brings gay relationships too close to marriage, but it easily passed the legislature. Some have vowed to push to amend the state constitution to ban same-sex marriage, but Democrats who control the legislature said such proposals won't be heard.

The three-day waiting period required by the law is the same as with marriage licenses. Licenses will be valid for 30 days, and ceremonies can be officiated by anyone who performs weddings, including clergy and mayors. As with marriages, civil unions will have to be witnessed by one additional adult. (AP)

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