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A Year Of Civil Unions Shows

Law Unworkable Attorneys Say

From the Web, October 23, 2007

   

Trenton, New Jersey -- As New Jersey approaches the first anniversary Thursday of civil unions the lawyers who fought for same-sex couple recognition say the system is not working.

"It is time to establish equality in New Jersey and allow same-sex couples to marry just as other couples can," Lambda Legal Executive Director Kevin Cathcart said in a letter marking the anniversary sent to Gov. Jon Corzine, Senate Pres. Richard J. Codey and Speaker Joe Roberts, all Democrats.

On October 25, 2006, the New Jersey Supreme Court ruled that same-sex couples must have the rights as opposite-sex married couples but the court left it to the legislature to decide whether that should be done through marriage or civil unions.

Lawmakers chose civil unions, and gay and lesbian couples married in areas where same-sex marriage is legal, were regarded as in a civil union in New Jersey.  The law went into effect in February.

In his letter to the top three lawmakers in the state Cathcart says the evidence shows the civil union law does is discriminatory.

"By creating a separate status for same-sex couples, the government has invited others to discriminate against them and some, sadly, have taken the invitation," Cathcart said in the letter.

"And even where same-sex couples appear to have the same concrete benefits that married couples do, they do not have the security and dignity of being able to explain to their children, their neighbors, or their children's teachers that they are married.  Civil unions are a discriminatory label that renders same-sex couples different and inferior and no amount of tinkering with the rules and benefits can erase that stain of inequality."

Cathcart said that since the law passed, Lambda Legal has worked directly with over one hundred individuals who have called us seeking help addressing unequal treatment or disregard for their civil unions.  Garden State Equality counts more than 300 couples.

A state commission set up by the legislature to monitor the civil union law has heard similar complaints as it traveled across the state.

At one stop, in New Brunswick, 30 couples from across the state who have had civil unions presented a letter calling on the commission to go back to the legislature and recommend gay and lesbian couples be given full marriage.

Each of the couples said in the letter employers are refusing to recognize their civil unions.

"It is not a political issue to us, but a personal one.  The law's failure is harming not only us, but also the children of us who are parents.  We cannot wait for the equality that the civil union law was supposed to provide, but does not," the letter said.

The commission begins writing its report this week and is expected to recommend the law be changed to say marriage.

 

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