February 15, 2007

NEWARK, N.J. -- In response to a formal request by the American Civil Liberties Union of New Jersey, the state Attorney General issued an opinion today stating that New Jersey must recognize the marriage licenses of same-sex couples who were lawfully wed in Canada, Massachusetts and other jurisdictions. Although the opinion states that these relationships should be treated as civil unions, same-sex couples married in those jurisdictions need not apply for a civil union license. The marriage license they obtained will suffice to provide them with all rights and privileges New Jersey affords to married and civil unioned couples.

"This is a momentous day in the fight for equality and respect for all New Jersey families," said ACLU-NJ Legal Director Ed Barocas. "It is a decision that recognizes our state's honored traditions of fairness, decency and equality. However, there still exists a two-tiered system of rights, and separate is never equal."

While New Jersey will still not offer marriage licenses for same-sex couples, the attorney general's decision ensures that same-sex couples who were lawfully married in other jurisdictions have the full rights and protections enjoyed under state law by heterosexual couples who also were married elsewhere and now reside in the state.

"New Jersey should not be in the business of stripping individuals and couples of rights they already lawfully obtained," said Barocas. "The attorney general recognized that our state constitution and recent New Jersey Supreme Court decision mandate that the state cannot create a system that burdens same-sex couples with requirements that married couples do not have."

The ACLU-NJ inquiry, delivered to Attorney General Stuart Rabner and Governor Corzine's Chief Counsel Kenneth Zimmerman on December 21, 2006, requested "an official determination as to whether the State of New Jersey and its executive departments recognize [same-sex marriages entered into in Massachusetts or Canada] or whether, unlike heterosexual couples married in those jurisdictions, same-sex couples must take affirmative action (such as filing civil union forms) to have their rights recognized."

In its inquiry, the ACLU-NJ, citing the recent New Jersey Supreme Court decision on the rights of same-sex couples, explained that the state of New Jersey is not permitted to "place any disability on, or require any affirmative action of, same-sex couples that is not required of similarly-situated heterosexual couples" -- meaning the state cannot impose burdens or requirements on same-sex couples that are not also imposed on heterosexual couples.

Related

• The ACLU-NJ's letter to state Attorney General Rabner and Chief Counsel Zimmerman
• Attorney General Rabner's Response to the ACLU-NJ
• ACLU-NJ Makes Case for Marriage Equality Over Civil Unions
• Get Busy, Get Equal: ACLU-NJ Advances LGBT Rights