NJ AG Issues Opinion on Marriage Recognition

February 16, 2007

TRENTON—Attorney General Stuart Rabner today issued written advice to the State Registrar of Vital Statistics concluding that same-sex marriages entered into legally in another state or nation are valid in New Jersey, and should be recognized as civil unions once the state's civil union law takes effect this Monday.

Writing to help ensure uniform statewide practices, Rabner noted that …government-sanctioned, same-sex relationships validly established under the laws of other states and foreign nations will be valid in New Jersey beginning on February 19, 2007 and treated as either a domestic partnership or a civil union. The name of the relationship selected by other jurisdictions, however, will not control its treatment under New Jersey law.

According to the Attorney General, key to the manner in which same-sex relationships should be treated under New Jersey's impending civil union law is an analysis of the rights granted by other jurisdictions in comparison to those afforded under New Jersey law.

As a result, those same-sex relationships from other jurisdictions that most closely approximate a New Jersey civil union – that is, relationships that provide substantially all of the rights and benefits of marriage – will be treated as civil unions under our law, Rabner wrote in an opinion letter to Registrar of Vital Statistics Joseph Komosinski. Those same-sex relationships from other jurisdictions that most closely approximate New Jersey domestic partnerships – that is, relationships that provide some, but not all of the rights and obligations of marriage – will be treated as domestic partnerships under our law.

According to the Attorney General's opinion, same-sex civil unions entered into under the current laws of Vermont and Connecticut – and same-sex partnership entered into under California law – will be treated as legal civil unions in New Jersey. California's current domestic partnership law provides couples rights that closely approximate those of New Jersey civil unions.

Same-sex relationships from other jurisdictions that more closely approximate a domestic partnership will be treated as New Jersey domestic partnerships, Rabner said.

In addition, same-sex marriages established under the current laws of Massachusetts, as well as Canada, the Netherlands, South Africa and Spain, will be treated as legal civil unions in New Jersey.

The Attorney General thanked Assistant Attorney General Patrick DeAlmeida for his work on this matter.

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