New Jersey

Relationship Recognition Information

Statewide Relationship Recognition
no Licenses marriages for same-sex couples.
yes Honors marriages of same-sex couples from other jurisdictions.
yes Relationship recognition for same-sex couples: Civil Unions.

  • 2006 On October 25, 2006, in Lewis v. Harris, Lambda Legal won a declaration from the New Jersey Supreme Court that barring same-sex couples from the rights and benefits of marriage violated the constitutional promise of equality. The court gave the New Jersey Legislature a deadline of 180 days to correct the violation, and the legislature chose to create the separate status of civil unions.
  • 2004 New Jersey’s Domestic Partnership Act went into effect in July 2004. Couples who enter into a domestic partnership agreement have access to joint state tax status, exemption from state inheritance tax, and hospital visitation and medical decision-making rights. Also included in the law is a mandate to New Jersey insurance companies, requiring them to offer benefits to domestic partners if they offer them to spouses. However, the law does not require private employers to offer benefits to domestic partners. Employees should explore seeking medical benefits for domestic partners with their employer since insurance companies are required to offer coverage equally. Heterosexual couples aged 62 and older are also eligible to register under this law.
  • 2000 Anti-Marriage bill proposed. A803 anti-marriage bill carried over from previous year. S57 anti-marriage bill carried over from previous year.

Employment Information

Statewide Employment Protections
yes Private employment protections based on sexual orientation.
yes Private employment protections based on gender identity.
yes Public (state) employment protections based on sexual orientation.
yes Public (state) employment protections based on gender identity.

See N.J. Stat. Ann § 10:5-4 (2005) and N. J. Statutes § 10:5; Ch. 519, L.N.J. 1991; Hum Rts. Law [C. 10:5-3] (1992; covers public employment, public accommodations, private employment, education, and housing, applies to all municipalities.)

Parenting Information

Statewide Parenting Laws
Who May Adopt Any person. N.J.S.A. 9:3-43.
Second Parent Adoptions Approved in In re Adoption of two Children by H.N.R., 666 A.2d 535 (N.J. Super. 1995)
Notes Joint adoption by unmarried persons permitted by1997 consent judgment. Tolerant atmosphere overall.

Cases

Boy Scouts of America v. Dale
Groundbreaking case arguing against the Boy Scouts of America's discriminatory policy of excluding gay people from leadership positions

Lewis v. Harris
Case seeking the right to marry for same-sex couples in New Jersey

Wadington v. Holmdel Township Board of Education
Case arguing for a student's right to be protected from antigay harassment

All Cases »

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