Lambda Legal Statement on Tax Court Ruling Involving Same-Sex Couple and the New Jersey Domestic Partnership Law

(Trenton, March 16, 2005) — A New Jersey tax court judge issued a ruling today in the case of a veteran who was seeking full property tax relief benefits allowed to married veterans. Since by law in New Jersey he can't marry his long-time partner, he only received 50 percent of the benefit. The judge ruled that the veteran and his partner of 30 years were entitled to the full 100 percent of the benefit under New Jersey's Domestic Partnership Law.

The case is Hennefeld and O'Dell v. Township of Montclair.

In a separate case, Lambda Legal is suing the state on behalf of several same-sex couples seeking marriage licenses. A ruling in that case is pending at a middle-level state appeals court.

Lambda Legal issued the following statement on today's tax court ruling; the statement is from David Buckel, Lambda Legal's Marriage Project Director and the lead attorney on the pending marriage lawsuit in New Jersey.

"This is an important tax ruling. This judge is exactly right in saying that when the legislature passed New Jersey's Domestic Partnership Law, it intended to provide protections to families of gay couples across the state. The judge quoted part of the Domestic Partnership Law that says protecting committed same-sex relationships is not only good for families, but is also good for the state because stronger families don't need government support. And the question is, given that we all want stronger families, why not end discrimination in marriage? We hope our lawsuit answers that question soon, especially now that another Court has emphasized that helping families is in the State's interest."

According to Lambda Legal, the ruling hinges on this text from the Domestic Partnership Law: "These familial relationships, which are known as domestic partnerships, assist the State by their establishment of a private network of support for the financial, physical, and emotional health of their participants."

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Lisa Hardaway 212-809-8585 ext.266

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.