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2 Gay
Partner Bills
Sent To
NJ Governor
by
365Gay.com from the Web, January 9, 2006
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Trenton, New Jersey -- Two
bills granting expanding expanded rights to New Jersey same-sex couples received
overwhelming approval Monday in the legislature and are now awaiting the
signature of acting Gov. Richard J. Codey.
Codey has indicated he will sign both.
Passage comes a week before the state Supreme Court hears arguments in a case by
gay couples seeking the right to marry.
One bill would give same-sex couples the same rights as married couples
regarding inheritances and funeral arrangements. It passed the Assembly on
a 67-6 vote, with five abstentions.
The legislation would amend the state's domestic partner law so that registered
same-sex partners would have the same funeral rights as a spouse in case their
partner dies with no will.
The measure passed the state Senate, 39-0, on Thursday night.
The other bill would allow municipalities and other public entities at the local
level to extend health benefits to domestic partners.
The measure seeks to close a loophole in the domestic partner law enacted in
2004. The law was limited to extending health benefits to domestic
partners who worked for public agencies covered by the state health plan.
"It is our hope that every government entity in New Jersey will offer their gay
and lesbian employees the same family benefits provided to all other employees,"
said Sen. John Adler (D-Camden).
"The state should be a model of equality in providing benefits for our workers,"
Adler said.
The measure passed the Assembly on Monday, 63-7, with eight abstentions.
It was approved 34-0 the state Senate on May 12.
The widespread support for the measure is the result of the impact Lieutenant
Laurel Hester has had in the state.
Hester, 49, a 23-year investigator for the Ocean County Prosecutor's office is
fighting lung cancer and has less than six-months to live.
Her employer, Ocean County, has refused recognize her same-sex relationship so
that her partner will get her death benefits.
Hester wants the county to pass a resolution, as provided for by New Jersey's
existing Domestic Partners Act, to extend pension and health care benefits to
the gay partners.
Hester fears that without her $13,000 death benefit, partner Stacie Andree, 30,
will be forced to sell the house they now share after Hester dies.
But while the state is moving to expand rights for domestic partners it is
fighting a suit that would allow gay and lesbian couples to marry.
The New Jersey Supreme Court announced last Friday that it will hear oral
arguments February 15 in a case brought by same-sex couples seeking the right to
marry.
In his written argument opposing the suit, Attorney General Peter Harvey told
the court that changing the definition of marriage is the right of the
Legislature not the courts.
It is the same argument Harvey's office used in successfully fighting the case
in lower courts.
The lawsuit was filed in 2002 by seven same-sex couples.
In June, a New Jersey appeals court ruled that the state constitution does not
require the recognition of same-sex marriage. The court, in a split
decision, said that it is up to the legislature to change marriage laws if
same-sex couples are to wed in the Garden State.
Lambda Legal, which represents the couples, immediately appealed to the state
Supreme Court.
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