State panel studying civil unions' success

Group to look at how well the idea is working

 

BY ROBERT SCHWANEBERG, nj.com from the Web, June 19, 2007

 

A state commission convened yesterday to study whether civil unions in New Jersey really do provide all the benefits of marriage.

A total of 1,092 same-sex couples have applied to form civil unions in New Jersey since a new law allowed them four months ago, the New Jersey Civil Union Review Commission was told yesterday.

During a brief organizational meeting in Trenton, the commission elected J. Frank Vespa-Papaleo, the state's director of civil rights, as its chairman.

He said the commission was formed to answer seven questions about civil unions, ranging from whether they are working to their recognition by other states to how they affect children and the state's finances.  It also must determine whether same-sex couples need additional legal protections and whether an existing law on domestic partnerships should be repealed.

"We're hoping to report twice a year on all seven of those items," Vespa-Papaleo said, adding the panel will issue a final report by its deadline in 2010.

But its newly elected vice chairman, Steven Goldstein, who also chairs the gay rights group Garden State Equality, predicted that lawmakers will not need three years to conclude that the only way to treat same-sex couples equally is to allow them to marry.

Goldstein said his organization is rapidly gaining converts to the cause of same-sex marriage and there is a "very substantial" possibility that it could pass the Legislature next year.

"If the trends continue," Goldstein said, "we'll have marriage equality in this state before the mandate of this commission expires."

Same-sex couples have not embraced civil unions the way they did domestic partnerships, which carried a fraction of the rights and became available in July 2004.  In the first month, 1,733 domestic partnerships were formed.

Four months after civil unions became available, 1,092 same-sex couples have applied to form them, Joe Komosinski, the state registrar of vital statistics, told his fellow commission members.  He said 671 of those couples were female and 421 were male.

"I'm shocked it's so low.  We're in wedding season," Goldstein said.

Vespa-Papaleo said the Division on Civil Rights has gotten its first formal complaint regarding civil unions.  He said a Monmouth County resident in a civil union charged an out-of-state employer with refusing to provide the same benefits it extends to spouses.  If the case cannot be resolved through mediation, it will be assigned to division investigators, Vespa-Papaleo said.

Goldstein said his organization has gotten 148 informal complaints of civil unions not being honored, often because an employer claims an exemption under federal law.

"It's helpful to this commission to hear those numbers as well," Vespa-Papaleo said, urging gay rights organizations to share their experience on how civil unions are working.

Robert Schwaneberg may be reached at (609) 989-0324 or rschwaneberg@starledger.com.

 

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