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Same-sex couples find N.J. laws appealingPartners say they are relocating to the state because of adoption, hospital visitation, inheritance-tax exemptions and other rights. By Robert Moran, philly.com Trenton Bureau, January 26, 2004 Trenton, NJ -- Christopher Schwam and Steven Piacquadio moved from Philadelphia to Collingswood to have a baby. The two men, who have shared a committed relationship for nearly 17 years, relocated to take advantage of an adoption law in New Jersey that is more favorable to same-sex couples than the one in Pennsylvania. Their dream of being parents came true last year on Sept. 25, when a friend serving as a surrogate mother gave birth to Nicolas Schwam-Piacquadio. Earlier this month, the couple received more good news when Gov. McGreevey signed into law the landmark Domestic Partnership Act, which provides same-sex couples legal recognition with state-granted rights and financial benefits. It's part of an ongoing evolution of New Jersey becoming more gay-friendly, joining a short list of states that include Massachusetts and Vermont. "I think you'll see quite an influx" of gay couples into the state, said Schwam, 37, who used to live with Piacquadio, 41, in the hip Northern Liberties neighborhood of Philadelphia. But the draw of Collingswood, with its growing gay and lesbian community, was irresistible. "While you love the city, you want more," Schwam said. "You want to live in a community." So the welcome mat is out for gays and lesbians in New Jersey, but the news is mixed nationally. President Bush last week threatened to push for a constitutional amendment banning any state from legalizing the ultimate prize for some same-sex couples: marriage. And 37 states, including Pennsylvania, have already enacted so-called defense-of-marriage acts, which prohibit legal same-sex unions. Ohio lawmakers on Wednesday gave the green light for that state to become No. 38. But New Jersey, known for being a pioneer on controversial issues, has veered in the opposite direction. One poll last year found that a majority of likely voters in New Jersey said that gay and lesbian couples should be allowed to marry - something the state does not allow. Two months ago, a New Jersey Superior Court judge dismissed a lawsuit by seven gay couples who were seeking legalized marriage. But while rejecting the suit - the decision is being appealed - Mercer County Judge Linda Feinberg did recommend that state lawmakers "carefully examine and consider the expanded rights afforded to same-sex couples in other jurisdictions." The New Jersey law, which officially takes effect in June, will provide an inheritance-tax exemption, rights to hospital visitation and decision-making, and a state income-tax deduction for dependents. Partners of state employees will be eligible for health insurance and pension coverage. Stephanie Wooten, 32, who lives with her partner, Keisha Spradley, 31, in Delran, Burlington County, said they would register for benefits "the first day we're able to do so." Spradley was living in Philadelphia but moved in with Wooten a year ago because she believed the rights law would get approved in New Jersey. "I think that the bill that was just passed, even though it's very limited, it takes the most important step in every domestic-partner fight, and that is first getting the state to acknowledge this relationship," she said. Though states are lagging in that area, an increasing number of companies are seeing domestic-partner benefits as smart business. More than a third of Fortune 500 companies nationwide offer such benefits. Wooten works at Lockheed Martin, which began offering benefits last year. In New Jersey, married couples still enjoy many more benefits than domestic partners, but the benefits provided by the new law are significant. Joan Curran, 63, and Ann McCabe, 51, both work in Philadelphia. They share an apartment in the city, but also jointly own a house in Cape May, N.J. Especially now, they consider Cape May their primary home, in large part because of the inheritance-tax exemption. "It would really be a stinger" if one of them had to pay the tax, Curran said. What she and her partner want to avoid is the situation faced by friend Kevin Burns, 48, who was living in Center City two years ago when his longtime partner, Jerry Tupy, 52, died. Burns was forced to pay a $15,000 inheritance tax on their house. Worse still for Burns, he had to pay taxes on their joint bank accounts. "I get outraged every time I think about what I had to go through," Burns said. He has since relocated to Delaware County for personal reasons, though he "seriously thought about New Jersey" because the state "is definitely more open to gay people." There are more than 18,000 same-sex households in New Jersey, less than 1 percent of all state households, according to the Census Bureau. The percentage is roughly the same nationwide. Around the state, strong gay communities have emerged in Asbury Park, in the Mill Hill section of Trenton, and in Collingswood. Many new gay and lesbian homeowners are credited with neighborhood revitalizations. The three-story Victorian house Christopher Schwam and Steven Piacquadio bought 2-1/2 years ago had been abandoned for more than a year. The two men spent thousands of dollars remodeling the house. Schwam recalled that their neighbors were friendly and very matter-of-fact about the couple. When the men returned from Cooper University Hospital with their new son, they immediately decorated their porch with balloons announcing "It's a Boy!" In the following days, neighbors came calling with gifts of clothes, toys and photo albums. "There's a general vibe," Schwam said of his neighbors, "that they're really glad that you're here." Contact staff writer Robert Moran at 609-989-9016 or bmoran@phillynews.com.
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