[personal profile] rhd323
NJ to recognize out of state same-sex marriages and civil unions, but they can't be called marriages

(New York, February 16, 2007) — In response to Attorney General Rabner’s opinion that the State of New Jersey will treat out-of-state marriages by same-sex couples as civil unions, David Buckel, Marriage Project Director at Lambda Legal issued the following statement:

“There is a lot of good news in this opinion that goes a long way to protecting same-sex couples in New Jersey, but we disagree with part of the Attorney General’s decision. New Jersey long has respected valid out-of-state marriages as long as they did not violate a public policy of the state. There is nothing in New Jersey’s public policy or the New Jersey Supreme Court’s opinion in Lewis v. Harris that requires the state to treat out-of-state marriages of same-sex couples differently than those of different-sex couples.

“This is a good news, bad news decision: same-sex couples should feel a lot of security knowing that their relationship’s legal status is protected—the bad news is that the Attorney General is not recognizing a marriage as a marriage.

“But, this opinion is especially important for same-sex couples who live in New Jersey and one member works in New York because now they have the option of considering a Canadian marriage which is getting respected at least as a civil union in New Jersey and wide-spread respect as marriage in New York.

“Couples with California domestic partnership, Connecticut civil union, Vermont civil union, Canadian or other marriages don’t have to get a new civil union in New Jersey in order to stay protected.”

Lambda Legal’s New Jersey marriage equality lawsuit, Lewis v. Harris, resulted in the legislature’s passage of the civil union law set to take effect on Monday, February 19, 2007.

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