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New Jersey Civil Unions for Same-Sex Partners
Types of Same-Sex Partnerships
In the U.S., there are a few categories of legally-recognized same-sex partnerships, determined by individual states.
A small minority of states (Massachusetts, Vermont, Connecticut, and Iowa) performs and recognizes same-sex marriages, with New Hampshire set to begin performing such unions on January 1, 2010.
A larger number of states, but still a minority, have a separate category of legal unions for same-sex couples, which provide some of the basic rights and responsibilities associated with marriage, but they eschew the “marriage” label, calling them “civil unions” or “domestic partnerships”.
Most states in the U.S. still do not legally recognize any form of same-sex union.
New Jersey's Civil Unions
New Jersey is among the states that offer civil unions for same-sex couples, but not marriage. In New Jersey, unlike most other states that offer civil unions or domestic partnerships, the legal rights and responsibilities that a civil union affords are almost indistinguishable from marriage.
However, there have been some claims that New Jersey’s scheme is still unequal to marriage. For example, some employers in New Jersey have refused to recognize civil unions for the purpose of providing spousal benefits. Most of these companies claim to be restrained by collective bargaining agreements, which generally restrict family benefits to “spouses”, and New Jersey’s civil union law does not refer to such partners as “spouses”.
Conflict With Federal Law
As with all states that recognize same-sex marriage or some other form of partnership for same-sex couples, the situation in New Jersey is significantly complicated by federal law. The Defense of Marriage Act, which was signed by President Clinton in 1996, prohibits the federal government from recognizing any form of same-sex partnerships for the purposes of receiving federal benefits. This is significant, since many federal benefits also affect the beneficiary’s spouse. They include social security, veteran’s benefits, and the ability to file joint federal tax returns, among many others. President Obama advocates repealing this law, but as of October of 2009, Congress has yet to act on the issue.
Do I Need a New Jersey Attorney?
Because of the complications inherent in this issue, if you are in a same-sex relationship in New Jersey, and have any questions about your or your partner’s legal rights, you should contact an experienced New Jersey family law attorney.
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