Civil Unions are an arrangement created by law that grants same-sex couples certain legal rights and responsibilities similar to those of marriage. These unions are considered as an alternative to same-sex marriage. In the USA, some states have recognized civil unions or domestic partnerships, allowing same-sex couples to enjoy some of the benefits of marriage, including inheritance rights, tax benefits, and access to healthcare and employment benefits, without actually marrying.
New Jersey is one of the many states in the USA that provides civil unions to same-sex couples. The legalization of civil unions in New Jersey sparked numerous debates and controversies.
So, when were civil unions legalized in New Jersey? Let’s dig a little deeper.
The Road to Legalization of Civil Unions in New Jersey
The legalization of civil unions in New Jersey was the result of a long legal battle for same-sex couples’ rights. Here’s how the story unfolded:
In May 2002, seven same-sex couples filed a lawsuit against the state of New Jersey, demanding that the state grant them the right to marry. The lawsuit was based on the claim that denying same-sex couples the right to marry violates their rights under the New Jersey Constitution.
The lawsuit went to trial in June 2003, but the New Jersey Supreme Court dismissed the case, stating that same-sex couples did not have the right to marry under the state’s constitution.
However, the Supreme Court left the door open for a legislative remedy, stating that it was up to the Legislature to determine whether to grant same-sex couples the right to marry or create another legal framework that would provide them equivalent rights and benefits.
Following the Supreme Court’s ruling, the Legislature created the New Jersey Civil Union Act. The act was passed by the Legislature and signed into law by Governor Jon Corzine on December 21, 2006.
What Does the New Jersey Civil Union Act Provide?
The New Jersey Civil Union Act grants same-sex couples in New Jersey the following legal rights:
1. Civil union couples are entitled to the same rights, benefits, protections, and responsibilities under state law as married couples.
2. Civil union couples have the right to make healthcare decisions for each other.
3. Civil union couples have the right to make end-of-life decisions for each other.
4. Civil union couples have the right to inherit property from one another.
5. Civil union couples have the right to jointly adopt children.
6. Civil union couples have the right to joint state tax filings.
7. Civil union couples have the same rights as married couples in the workplace.
The Controversy Surrounding Civil Unions in New Jersey
Although the Civil Union Act was supposed to provide same-sex couples in New Jersey with the same legal rights as married couples, many people argued that the act fell short of its promise.
One of the main criticisms of the Civil Union Act was that it did not provide same-sex couples with the same federal benefits as married couples. Even though New Jersey recognized civil unions, the federal government did not.
The Civil Union Act also did not provide the same emotional and social significance as marriage. Many same-sex couples in New Jersey felt that being in a civil union was not the same as being married.
Another criticism of the Civil Union Act was that it did not provide religious organizations with an exemption from performing civil union ceremonies. Some religious organizations objected to the idea of performing civil union ceremonies, citing their religious beliefs.
The Legacy of Civil Unions in New Jersey
Despite the controversies surrounding the Civil Union Act, it was a step forward for same-sex couples in New Jersey. The act provided same-sex couples with legal rights that they had previously been denied.
However, the fight for marriage equality continued, and in 2013, New Jersey became the 14th state in the USA to legalize same-sex marriage, providing same-sex couples with full marriage rights.
The legacy of civil unions in New Jersey is that it was an important step in the journey towards marriage equality. The Civil Union Act brought same-sex couples one step closer to being able to marry, and ultimately, it paved the way for same-sex marriage in New Jersey.
Conclusion
The legalization of civil unions in New Jersey was a significant moment in the history of LGBTQ rights in the USA. The Civil Union Act provided same-sex couples with legal rights that had previously been denied, but it did not provide the same emotional and social significance as marriage.
In 2013, New Jersey legalized same-sex marriage, providing same-sex couples with full marriage rights. The legacy of civil unions in New Jersey is that it was an important step in the fight for marriage equality, and it paved the way for New Jersey to become a more inclusive and progressive state.
FAQ
What was the first US state to legalize civil union?
Vermont was the first US state to legalize civil unions. The law allowing such civil unions was enacted on July 1, 2000, and went into effect on September 1, 2000. The state legislature, in response to a decision by the state supreme court, passed a law recognizing civil unions. The case that led to this decision was Baker v. State of Vermont, a lawsuit filed by three same-sex couples.
In December 1999, the Vermont Supreme Court ruled, in a 3 to 2 decision, that the state had to extend to same-sex couples the common benefits and protections granted to those who marry under Vermont law. The court’s ruling prompted a public debate in Vermont and across the country, with opponents of same-sex unions arguing that the court’s decision threatened to undermine traditional marriage.
The Vermont Civil Union law gave same-sex couples the same benefits and protections under state law that come with marriage, but it did not grant them the right to marry. The law was the first of its kind in the United States, and it prompted other states around the country to consider similar laws recognizing civil unions or legalizing gay marriage. Several states followed Vermont’s example by passing legislation to legalize either civil union or gay marriage.
Today, same-sex marriage is legal in all 50 states and the District of Columbia. However, the legalization of same-sex marriage required many legal challenges in court, and it took Massachusetts another four years before they legalized same-sex marriage, making it the first state to legalize gay marriage under state law.
How long is common law marriage in New Jersey?
In the state of New Jersey, common law marriage, which is also known as a non-ceremonial marriage, is recognized under specific circumstances. However, it is important to note that this type of marriage is not recognized across all 50 states of the United States. Unlike traditional marriages, which require couples to obtain a marriage license and undergo a ceremony, common law marriage is often established through the couple’s behavior.
Many people believe that a couple must live together for seven years to be considered common-law married. However, this is a popular misconception. There is no specific time frame required for a couple to be considered common law married in New Jersey, or anywhere else in the United States for that matter. In fact, common law marriages can be established in a short period as long as certain criteria are met.
In New Jersey, for a couple to be considered common law married, they must meet the following criteria: they must have the legal capacity to enter into a marriage, they must have agreed to enter into a marriage, they must have cohabitated as a married couple, and they must have been reputedly married to each other. These four criteria are fundamental in determining whether a common-law marriage exists.
Legal capacity to enter into a marriage means that the couple is free to marry. For instance, if either of the parties is already married, then they cannot enter into another marriage, even a common-law marriage. Both parties must agree to be married and must show an intention to be married. They must also cohabitate as a married couple, meaning that they live together as if they were married, and this must be done openly and continuously.
Lastly, the couple must present themselves as married. If they introduce each other as husband and wife, refer to each other using marital statuses, such as “Mrs.” or “Mr.” or files joint tax returns that imply marriage, then this is enough proof that they are married.
The duration of a common law marriage in New Jersey is not fixed to a particular length of time. The state recognizes the existence of a common-law marriage based on certain criteria such as cohabitation, legal capacity, and reputability. Therefore, it is essential to meet these criteria to be considered common-law married in the state of New Jersey.
What is considered a civil union partner in NJ?
In the state of New Jersey, a civil union partner is a term used to refer to a person of the same sex with whom another person has entered into a legally recognized relationship. Civil unions were first recognized in New Jersey in 2006, following a ruling by the state’s Supreme Court that same-sex couples should have the same legal rights as married opposite-sex couples. The Civil Union Act became law in February of that year and was later replaced by a same-sex marriage law, which was enacted in 2013.
Under the Civil Union Act, same-sex couples who entered into a civil union in New Jersey were granted the same legal rights and responsibilities as married couples, including in areas such as inheritance, tax filing status, and healthcare decision making. Civil union partners were also eligible for certain benefits, such as the right to adopt children jointly and to obtain joint health benefits through an employer.
For pension and SHBP/SEHBP eligibility purposes, a civil union partner is defined as a person of the same sex to whom an eligible employee or retiree has entered into a civil union as recognized under Chapter 103, New Jersey’s civil union law. This means that in order to be considered a civil union partner and qualify for these benefits, the couple must have entered into a civil union in New Jersey and must be of the same sex.
A civil union partner in New Jersey refers to a person of the same sex with whom another person has entered into a legally recognized relationship under the state’s civil union law. Civil union partners have the same legal rights and responsibilities as married couples and are eligible for certain benefits, including pension and healthcare benefits.
