By Martin Espinoza, Jersey Journal, from the Web, January 15, 2004

Jersey City, NJ -- While praising Gov. James E. McGreevey for recognizing domestic partnerships yesterday, gay advocates say the battle for same-sex marriage in New Jersey continues.

McGreevey, who opposes civil marriage for gay and lesbian couples, signed a bill yesterday that grants medical benefits, insurance and other legal rights to same-sex couples. But the law does not authorize same-sex marriage.

"It's a very exciting step forward, we're pleased the Legislature passed the law and we're pleased the governor signed it," said Michael Adams, an attorney for Lambda Legal Defense and Education Fund, the New York City-based advocacy group currently involved in a court battle to legalize same-sex marriage in New Jersey.

In 2002, Lambda Legal filed a lawsuit against the state on behalf of a Union City couple and six other same-sex couples who argue that the state's refusal to allow same-sex couples the right to marry violates their constitutional rights to privacy and equality.

"It will not affect the lawsuit, which asks that lesbian and gay couples be given all the rights that come with marriage and the status of marriage itself," Adams said. "This law does not do that."

John Campbell, co-founder and sponsor of the Edison-based Gay and Lesbian Political Action Support and New Jersey Task Force for Same-Sex Civil Marriage, said "the battle will go on."

"Other than providing the basic benefits for state workers, it's doing very little to end total discrimination against gay and lesbian couples," he said.

Campbell pointed out that couples now registered as domestic partners in New Jersey would have no civil union rights if they traveled to another state in the country that does not recognize domestic partners. The new law makes New Jersey the fifth state to recognize same-sex partnerships.

"This legislation is a matter of fundamental decency," McGreevey said before signing the law.

The state now has 180 days to develop the procedure couples will use to register.

To obtain domestic-partner status, a couple must share a residence and show proof of joint financial status or property ownership or designation of the partner as the beneficiary in a retirement plan or will.

The law will not force businesses to offer health coverage to same-sex partners of employees but does require insurance companies to make it available. It also allows a surviving partner to gain property rights and other survivors' benefits.

A divorce-like proceeding in Superior Court would be necessary to end a domestic partnership.

The measure also includes some benefits for domestic unions between unmarried heterosexual couples age 62 and over, covering older couples who do not want to get married because of the potential penalties on pensions and other financial interests.

Critics argue that denying the benefits to younger, opposite-sex couples amounts to discrimination, while other opponents have called the measure injurious to the institution of marriage and a veiled shift toward recognition of gay marriage.

One local gay rights activist put aside the controversy of gay marriage yesterday to praise McGreevey's action on behalf of domestic partners.

"Whether he's against (gay) marriage or for marriage is not the point of today - today is about domestic partners," said Catherine Hecht, senior co-chair of Jersey City Lesbian and Gay Outreach, the group that hosts the annual Jersey City Pride parade.

"We're just ecstatic," Hecht said, whose group was one of more than 100 who lobbied for the legislation. "A lot of hard work went into making this happen."

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