Same-sex marriage in New Jersey
This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples.
In January 2022, Governor Phil Murphy signed into law legislation to codify same-sex marriage into New Jersey statutes.
[7][8] On October 25, 2006, the Supreme Court of New Jersey unanimously ruled in Lewis v. Harris that the "unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution."
The dissent, led by Chief Justice Deborah T. Poritz, chastised the junior members of the court who said that anything other than marriage would provide equal rights: "What we name things matters, language matters... Labels set people apart surely as physical separation on a bus or in school facilities... By excluding same-sex couples from civil marriage, the State declares that it is legitimate to differentiate between their commitments and the commitments of heterosexual couples.
[10] Section 3 of DOMA, which prohibited the federal recognition of same-sex marriages, was struck down by the Supreme Court in 2013 in United States v. Windsor.
[11] The New Jersey State Bar Association (NJSBA) took a formal position against the adoption of the Civil Unions Act, citing inherent and obvious problems and confusion the law would have for citizens and legal representation.
[12][13] A United Parcel Service (UPS) spokesman claimed that language in its collective bargaining agreement with the International Brotherhood of Teamsters union prevented it from extending benefits to same-sex partners.
On July 30, a UPS spokesman said: "We have received clear guidance that, at least in New Jersey, the state truly views civil union partners as married.
The company also noted that it already offers equal benefits to married same-sex couples in Massachusetts and would review its policies in Connecticut and Vermont.
[16] During the first 90 days after the law went into effect, 852 same-sex couples entered into civil unions, according to the New Jersey Department of Health and Senior Services.
During the same period, the LGBT civil rights organization, Garden State Equality, reported that it had received complaints from 102 couples denied benefits by employers or insurers.
[13] Beginning on March 5, 2004, Kiki Tomek, the Deputy City Clerk of Asbury Park, processed marriage licenses for same-sex couples for several days.
[19] Deputy Mayor James Bruno married one couple on March 8, but then heeded a warning from the New Jersey Attorney General, Peter C. Harvey, to stop issuing such licenses.
On December 10, 2008, the Commission released its unanimous finding that marriage laws should be made gender-neutral to ensure equal treatment of same-sex couples.
[25] On December 7, 2009, the New Jersey Senate Judiciary Committee approved a same-sex marriage bill by a vote of 7 to 6, after seven hours of testimony and debate.
Governor Christie vetoed the bill the next day and called for a constitutional amendment for same-sex marriage to be presented to voters as a ballot referendum.
[38] In the Supreme Court's decision, Chief Justice Stuart Rabner wrote that "the state has advanced a number of arguments, but none of them overcome this reality: Same-sex couples who cannot marry are not treated equally under the law today".
[39] The court held that it could "find no public interest in depriving a group of New Jersey residents of their constitutional right to equal protection while the appeals process unfolds.
"[40] Weddings were performed just after midnight on October 21, 2013, and Governor Christie dropped his administration's appeal of the lower court ruling that morning.
37:1-1(c)]In July 2022, Garden State Equality, the Hudson Pride Connections Center and the Latino Action Network reported that the municipal websites of Estell Manor, Fairview, Hanover Township, Linden, New Hanover Township, and South Toms River contained language stating that only opposite-sex couples may apply for marriage licenses.
Attorney General Matt Platkin announced in October 2022 that the Division on Civil Rights had launched an enforcement initiative to ensure that municipal governments not discriminate against same-sex couples in their webpages on vital records and marriage application instructions.
But when municipalities use language indicating that individuals cannot obtain a marriage license based on their sexual orientation or gender identity, they violate that basic promise."
[49][50][51][52] A 2006 study from the University of California, Los Angeles estimated the potential economic impact of same-sex marriage on the New Jersey economy and concluded that the gain would be substantial.
The analysis outlined in detail in the report predicted that sales by New Jersey's wedding and tourism-related businesses would rise by $102.5 million in each of the first three years when marriage for same-sex couples is legal.
[53] As a result, the state's gross receipt tax revenues would rise by $7.2 million per year, and 1,400 new jobs would be created in relevant industries.
