GayPASG Note:  It is with considerable pleasure that I share with you the following resolution that was unanimously passed today.  Commissioner John C. Campbell, Chair

NEW JERSEY COMMISSION ON CIVIL RIGHTS

WHEREAS, the Commission on Civil Rights is charged under the law with consulting on matters of civil rights with the Attorney General, surveying and studying the operations of the Division on Civil Rights, and reporting to the Governor and Legislature with respect to such matters relating to the work of the Division and at such times as it may deem in the public interest in the area of civil rights generally; and

WHEREAS, pursuant to the New Jersey Supreme Court decision in Lewis v. Harris, 188 N.J. 415 (2006) the Legislature is considering legislation named the Civil Marriage and Religious Protection Act (A-3685) which would honor the right to marry for same-sex couples in the State of New Jersey, while also considering legislation in the alternative which would bar that right and instead create civil unions for same-sex couples; and

WHEREAS, the Legislature has created New Jersey’s proud legacy of protecting civil rights through the Law Against Discrimination, which includes protections against sexual orientation discrimination; and

WHEREAS, imposing a separate status of "civil unions" on committed same-sex couples for the purpose of maintaining the bar on marriage would build a large discriminatory structure into New Jersey’s statutory law of unprecedented scope, undermining the spirit, purpose, letter, and proud legacy of the Law Against Discrimination; and

WHEREAS, writing into statutory law that committed lesbian and gay couples are limited to the separate status of "civil unions" is a statement that their relationships are lesser than marital relationships and may create a dangerous precedent of government setting an example for employers, businesses, health care providers and the public for the treatment of gay and lesbian persons as second class citizens, in contradiction to the Law Against Discrimination; and

WHEREAS, the privileged status denoted by the word "married" conveys a meaning of commitment that is universally understood in all areas of life, including at times of medical emergency, serious illness, familial relationships between parent and child, and death, while the phrase "civil unionized" diminishes these aspects of gay persons’ lives; and

WHEREAS, honoring the freedom to marry for committed same-sex couples lifts them and any children they may have into an equal constitutional stature as families so that they are supported and best able to contribute most productively to their communities; and

WHEREAS, New Jersey’s proud civil rights tradition is for the majority to protect both minorities and families as equally as those in the majority; and

WHEREAS, full marriage equality for committed same-sex couples will enhance the economic prosperity of the State of New Jersey, by encouraging them to settle within, make New Jersey their home and to invest in New Jersey’s economy; and

WHEREAS, full marriage equality will not only protect the rights of committed same-sex spouses but also their children, parents, family, friends, and religious leaders who support marriage equality for committed same-sex couples; and

WHEREAS, fulfilling New Jersey’s statutory and constitutional promises of equality will send the message to lesbian and gay youth throughout the State that they too have sound reason to believe in and work for the dreams shared by others for building their futures and their families in New Jersey;

NOW, THEREFORE, BE IT RESOLVED, on this date, December 12, 2006, by the New Jersey Commission on Civil Rights that the Commission hereby supports immediate passage by the Legislature of the Civil Marriage and Religious Protection Act (A-3685) and any legislation which provides full marriage equality immediately, and opposes passage of a civil union bill which is in compliance with the Constitution as declared by the Court in Lewis v. Harris, or the New Jersey Law Against Discrimination; and

NOW, THEREFORE, BE IT RESOLVED, that the Division shall ensure that a copy of this Resolution is transmitted to the Legislative leadership, Attorney General, and the Governor, and that a copy be posted on the agency’s website.

John C. Campbell, Chairman/Commissioner

Nita Raval, Esq., Vice-Chair/Commissioner

Richard T. Smith, Secretary/Commissioner

Salena P. Carroll, Commissioner

Clara C. Fernandez, Commissioner

Hany A. Mawla, Esq., Commissioner

Dr. Joan Rivitz, Commissioner

Resolution passed unanimously (7-0) on December 12, 2006