In Your State: New Jersey

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Events

02/16/2012 - 17:30
Philadelphia, Pennsylvania
03/04/2012 - 13:00
San Francisco, California

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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.

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.)

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.

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