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New Jersey

nj

Same sex marriage recognized

Establishment of New Jersey Gay Marriage Laws

The debate over New Jersey gay marriage reached a tipping point in February of 2012, when the legislature approved a landmark Freedom to Marry bill. Despite polls showing that a strong majority of voters favored this legislation, Governor Chris Christie chose to veto the bill after a stay request was unanimously denied.

In July 2013, LGBT rights groups, including Freedom to Marry and New Jersey United for Marriage, launched a statewide campaign effort to override the Governor’s veto. However, during the course of the campaign this case made its way through the court system and eventually secured marriage rights for all couples.

Superior Court Judge Mary Jacobson of Mercer County ruled in favor of marriage equality for homosexual couples on September 27, 2013. This ruling was issued as part of the federal lawsuit “Garden State Equality v. Dow,” which challenged existing civil union laws. On October 18, the state’s Supreme Court denied any stay in the marriage case, and same sex couples began wedding on October 21, 2013.

History of State Legislation

While the New Jersey Supreme Court ruled unanimously in favor of equal recognition under the law for same sex couples in 2006, in January of 2007 the state legislature chose to create a separate civil union category rather than extend marriage equality to all residents.

At the same time, the legislature designated a Civil Union Review Commission responsible for evaluating the implementation of these partnerships, to determine whether current allowances adequately fulfill the 2006 ruling. This commission concluded that civil unions do not provide sufficient equality under the law, and pressed the state to pass further freedom to marry legislation to protect couples and their families. This led to the February 2012 Freedom to Marry bill that was eventually vetoed by Governor Chris Christie.

Polling data indicates that about 64% of New Jersey voters support marriage equality, with 30% disapproving. According to The Williams Institute’s interpretation of the 2010 U.S. Census, there are currently 16,875 same sex couples in the state, or around 5.2 per 1,000 households.