Community Corner

New Jersey Now 'Ground Zero' in Wake of Court's DOMA Decision

ACLU head says state's civil union law is 'separate and unequal.'

The US Supreme Court’s rulings Wednesday on marriage equality render New Jersey’s civil union system an unconstitutional half-measure for the state’s nearly 6,500 gay couples, an official with the state chapter of the American Civil Liberties Union said.

“This is a game-changing moment,” said Udi Ofer, the executive director of the ACLU. “We have the Supreme Court of the United States saying that that the Constitution prohibits discrimination against LGBT couples when it comes to recognition of marriage benefits. What that means is that New Jersey’s civil union system, which was unfair for many years, is now even worse.”

One consequence of the Supreme Court’s rulings is that couples in states where same-sex marriage is legal, such as New York, must receive the same treatment under federal law as those in heterosexual unions. Federal law can touch on several aspects of married life, from Social Security benefits to immigration issues to federal taxation on inheritance.

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But couples in those states with civil unions -- which also include Illinois, Hawaii and Colorado -- will still not enjoy the same federal protections and privileges as married couples.

New Jersey’s civil unions amount to a “separate and unequal system,” Ofer, speaking from the ACLU’s Newark office, said Wednesday. A state Supreme Court decision from 2006, which led to New Jersey’s civil union law, also mandates equality between heterosexual and same-sex couples. 

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Because of that, Ofer believes, civil unions in New Jersey are now ripe for a legal challenge.

“For that reason, New Jersey is now ground zero for the next big battle on marriage equality, because of our civil unions,” Ofer said.

Last year, New Jersey came close to abolishing civil unions altogether and replacing them with a law ensuring marriage equality. That legislation, however, was vetoed by Gov. Chris Christie.

A Christie spokesperson did not immediately respond to requests for comment.

The Supreme Court’s decisions, however, have reignited the push for marriage equality in the Garden State among many lawmakers. 

“The Supreme Court ruling affirms what Americans know is true: that marriage equality is a basic right that should be available to everyone,” said state Sen. Dick Codey (D-Essex/Morris). “The country is moving in the right direction on gay rights and it is past time that New Jersey offers all of its citizens equal rights, equal protection under the law and equal opportunities in marriage. The day is coming when same-sex marriage will be legal in New Jersey, we should continue to fight to realize that day as soon as possible.”

“Forget about yesterday. Today is a new day. This is one of those game-changing moments where everyone will reconsider their positions now that we have guidance from the Supreme Court,” Ofer said. 


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