N.J. will be civil to
some same-sex marriages
BY ROBERT SCHWANEBERG,
Star-Ledger (NJ.com) February 17, 2007
Same-sex marriages performed in
Massachusetts or in foreign countries will automatically be recognized as civil
unions in New Jersey starting Monday, Attorney General Stuart Rabner ruled
yesterday.
The ruling means same-sex couples who wed in jurisdictions where that is legal
will get the benefits and obligations of marriage, but under the different title
that New Jersey lawmakers created: civil unions. That law takes effect
Monday.
Rabner ruled civil unions performed in Vermont and Connecticut will
automatically be respected in New Jersey. California domestic partnerships
-- which are substantially equivalent to marriage -- also will be recognized as
civil unions.
"Couples in these relationships need not secure a New Jersey civil union license
or solemnize their relationships in this state in order to enjoy all of the
rights and obligations of a New Jersey civil union," Rabner wrote. They
have the option of reaffirming their union in a New Jersey ceremony.
David Buckel, director of the gay rights group Lambda Legal, called Rabner's
opinion "a good news, bad news decision." He said it "brought enormous
peace of mind to a lot of couples and families" who will continue to have legal
protections.
"The bad news is that the attorney general is not recognizing a marriage as a
marriage," Buckel added.
After Connecticut adopted civil unions in 2005, its attorney general ruled
same-sex marriages from other jurisdictions "have no legal force and effect
here." Rabner's ruling extends the legal protections of civil unions to
same-sex marriages performed in Massachusetts, Canada, the Netherlands, Belgium,
South Africa and Spain.
Lianne and Julie Sullivan-Crowley of Princeton married in Massachusetts in 2004
while living there and later moved so Lianne could take a job as vice president
for human resources at Princeton University.
"We're disappointed," Julie said. "A civil union is not a marriage."
Lianne agreed, adding they are pleased New Jersey recognizes the legal
protections their marriage carries without any additional action.
Rabner said the recognition New Jersey grants to a same-sex union from another
jurisdiction depends on the rights and duties it confers: if it is not
equivalent to marriage it will be treated as a domestic partnership, which
carries a dozen specific rights.
Government-sanctioned unions from Great Britain, New Zealand, Iceland and Sweden
will be treated as civil unions. Same-sex partnerships under the laws of
Maine, Hawaii and the District of Columbia will be treated as domestic
partnerships.
Robert Schwaneberg may be reached at
rschwaneberg@starledger.com or
(609) 989-0324.
|
