NJ AG: Clergy Exempt From Civil Union Law

January 11, 2007

TRENTON—When New Jersey's civil unions law comes into effect next month churches will not be obligated to perform ceremonies the state's Attorney General said Thursday.

In a legal opinion released by his office Stuart Rabner said that clergy are exempt from the state's anti-bias law.

'There is no statutory bar to a member of the clergy declining to solemnize civil unions in accordance with sincerely held religious beliefs, even though that religious figure regularly solemnizes marriages, Rabner wrote.

The opinion followed a warning last month to municipal officials that under the law if they performed marriages they were legally obligated to conduct civil unions. (story)

A survey by one New Jersey newspaper last month, shortly after the civil union bill was signed into law, found almost all mayors in the state would refuse to perform a civil union ceremony.

Under New Jersey's Law Against Discrimination any official who performs ceremonies for opposite-sex couples but refuses to conduct civil unions could be removed from office and subjected to fines beginning at $10,000 for the first offense Rabner said.

The civil union law was the result of an October ruling by the New Jersey Supreme Court that same-sex couples should have access to the same rights and benefits as married couples. Whether to call those rights marriages, civil unions or something else was left up to lawmakers.

The legislature opted for civil unions. The law goes into effect on Feb 19. Couples can begin applying for licenses on that date with the first ceremonies 72 hours later.

The law offers couples who register most state benefits and protections currently available to opposite-sex couples, including the right to health insurance through a partner's employer.

But it does not provide any of the benefits of marriage under federal law, and it still could cost same-sex couples more than marriage couples for health insurance.

The Roman Catholic and some other churches said they were relieved by Rabner's legal opinion while other denominations such as the Metropolitan Community Churches, United Church of Christ, and the Unitarian Church said were not concerned because they planned on holding union ceremonies.

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