Gov. to Sign NJ Civil Unions Bill on Thursday

December 19, 2006

By Tom Hestor, Jr.
Associated Press

TRENTON—Gov. Jon S. Corzine said he hopes to sign civil unions into law on Thursday, which would give gay couples the same rights as married couples, but is worried that mayors will be able to refuse to conduct the ceremonies.

That would not be equal treatment under the law, but I would like to understand what the rights and obligations are, Corzine said Monday, adding that his lawyers were reviewing the bill.

The legislation would make New Jersey one of five states with the most benefits and protections for gay couples, including the right to have health insurance through a partner's employer.

Mayors aren't required under state law to perform marriages, and the civil unions bill doesn't alter that discretion. Bogota Mayor Steve Lonegan has said he will not perform the ceremonies and vowed Monday to not back down.

This is the first time in history an American is being told to perform a ritualistic ceremony no matter what you believe in, Lonegan said. I'm not doing it. I'm daring them to make me do it.

The Legislature approved civil unions Thursday in response to a state Supreme Court order that gay couples be granted the same rights as married couples. In the October ruling, the court gave lawmakers six months to act and left it to them to decide whether to call the gay unions marriage or something else.

Stephen Hyland, a Princeton lawyer who works with same-sex couples, said mayors who perform marriage ceremonies for heterosexual couples but refuse ceremonies for gay couples won't violate the civil union law but may violate anti-discrimination laws.

It would not be equal treatment, Hyland said. Mayors have a right to conduct wedding ceremonies or not to conduct them, but I think to say we're only going to conduct certain types of ceremonies opens the door pretty widely. It does raise discrimination questions.

If Corzine signs the bill Thursday as he hopes, the law would become effective Feb. 19. Couples would face a three-day waiting period before they can register their unions.

The governor said he wasn't sure what action he would take if his lawyers tell him the legislation allows mayors to reject civil union requests. Corzine could conditionally veto the bill, under which it would be sent back to lawmakers for revision. Or, he could sign it and hope lawmakers amend it.

Steven Goldstein, chairman of gay rights group Garden State Equality, praised Corzine for considering the issue. He contended that, had lawmakers called the unions marriages in the legislation, there would be no question over whether mayors could balk.

Bill Dressel, executive director of the New Jersey League of Municipalities, said the organization that represents mayors and municipal officials was reviewing the bill. He said his group is looking into what penalties mayors might face if they refuse to perform civil unions.

We have asked our attorneys to look into it, Dressel said. But nothing will be definitive until the governor signs the bill into law.

In the United States, only Massachusetts allows gay couples to marry. Vermont and Connecticut have civil unions, and California offers domestic partnerships that have all the rights and responsibilities of marriage. Since 2004, New Jersey has had a more limited version of domestic partnerships.

Among the benefits to be conferred on gay couples under New Jersey's civil unions bill are adoption rights, hospital visitation rights and inheritance rights.

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