NJ Legislature Passes Civil Unions Bill

December 14, 2006

Star-Ledger
by KATE COSCARELLI

TRENTON—Lawmakers voted today to make New Jersey the third state in the nation to allow gay couples to form civil unions with all the rights and responsibilities of married couples.

The historic votes by both houses of the state Legislature came just 50 days after the state Supreme Court declared New Jersey's constitution requires equality for same-sex couples and gave lawmakers six months to enact change.

The bill amending New Jersey's 1912 marriage law was adopted over the objections of social conservatives — who said it threatens the sanctity of marriage and who railed against judicial activism — as well as of gay-rights activists, who pressed lawmakers to call it marriage. The court had left it to the Legislature to decide whether to use that term.

The bill passed 56-19 in the Assembly, and 23-12 in the Senate. Five members abstained in each house.

Today, the people of the state of New Jersey, through us, proclaim the dignity of all relationships, said Assemblyman Wilfredo Caraballo (D-Essex), a sponsor of the bill (A3787). The measure, he said, is nothing short of recognizing love matters.

Civil unions would give gay couples all the rights and obligations of their heterosexual counterparts — everything from the right to prenuptial agreements to equal application of adoption, child support and alimony laws.

Gov. Jon Corzine commended lawmakers for their swift action and said he would sign the bill once his staff ensured it complies with the Supreme Court ruling. The review is expected to be finished in a matter of days. The law would go into effect 60 days after it is signed.

I've been for civil unions for a long time, Corzine said.

The governor said it's possible civil unions could evolve into gay marriage, but stressed it's important not to get so far out in front of the public that we're not dealing with general society's belief.

Massachusetts is the only state in the nation to allow gay marriage. Corzine's signature will make New Jersey the only state besides Connecticut and Vermont to allow civil unions.

California has a strong domestic partnership law that provides most of the rights of civil unions, according to the Marriage Law Foundation in Utah.

Piece of History

The votes in Trenton came after brief but passionate speeches.

Lawmakers on both sides of the debate quoted the Bible. Supporters of civil unions invoked the indignities of racial segregation as reason to offer equal protection to same-sex couples. Some opponents said they objected on religious grounds. To counter arguments that the measure would harm the sanctity of marriage, one lawmaker cited the nuptials of pop music star Britney Spears, who was once married for a weekend before seeking annulment.

Assemblyman Michael Panter (D-Monmouth) said it was important to make a small piece of history.

We have a moral obligation in our state to not condone discrimination, Panter said. We cannot tell any taxpaying citizen who they can and cannot love.

Assemblyman Ronald Dancer (R-Ocean) said his personal faith prevented him from supporting the bill.

I cannot compromise my religious beliefs and faith, Dancer said. Let marriage be known by no other name, nor let marriage ever be redefined.

Other opponents said they resented the fact they were being ordered to act by the court.

I am offended that the Supreme Court of New Jersey ordered this body to act in 180 days. There is a thing called the separation of powers, said Assemblyman Michael Doherty (R-Warren).

For the past two years, gay couples have been able to register as domestic partners, which granted them some rights. More than 4,000 couples have done so.

Those registered as domestic partners have the right to visit a hospitalized partner and to inherit from a deceased partner who has not written a will. But the law did not include many other rights, such as the ability to sue over a spouse's death or the law's protection over the secrets that spouses tell each other.

Princeton lawyer Stephen Hyland, who wrote a book on the domestic partnership law, said of legalizing civil unions, It's going to make a big change for the better for many same-sex couples who take advantage of the law.

Some lawmakers said they were glad to vote for the measure but sorry it did not extend the name of marriage along with the rights.

While I am disappointed that we haven't gone all the way … it's the best we can do today, said Reed Gusciora (D-Mercer), the Legislature's only openly gay lawmaker.

Gallery Applause

Same-sex couples and gay-rights activists packed the galleries of both the Assembly and Senate, many consulting a seating chart to determine which lawmaker was speaking. They sat side by side with dozens of opponents of the measure. Both groups erupted into applause so often during the debates that they were admonished to stay quiet.

The measure was opposed by a variety of groups, including the N.J. Coalition To Preserve And Protect Marriage. Many said the process was too fast and could end up in court again.
In 10 days they have changed 3,000 years of culture. The public wants to be heard, said John Tomicki, executive director of the League of American Families.

Gay-marriage supporters were muted in their enthusiasm.

Steven Goldstein, chairman of Garden State Equality, said he was jubilant about the number of lawmakers who seemed open to gay marriage. He plans to launch an aggressive campaign.

So help me God, we're going to win marriage equality in New Jersey in one to two years, he said.

The bill also creates a 13-member commission to study the impact and implementation of the new law. Lawmakers said they are likely to wait until the commission has time to study the law before beginning any effort to get gay marriage approved.

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