Same-sex marriage in New Jersey

Not to be confused with Same-sex marriage in Jersey.

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages.[1] The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, it passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

Following the trial court decision in Garden State Equality v. Dow, the Christie Administration asked the New Jersey Supreme Court to grant a stay of the decision pending appeal. On October 18, 2013, the Supreme Court unanimously denied the request for a stay.[2] Three days later, on the day the trial court ruling went into effect and local officials had begun issuing marriage licenses to same-sex couples, and some wedding ceremonies had been performed, Governor Christie withdrew the state's appeal. This action removed the last potential impediment to same-sex marriages in the state.[3] New Jersey was the fourteenth U.S. state to legalize same-sex marriage.

In 2012, the New Jersey Legislature passed a bill to legalize same-sex marriage, but it was vetoed by Governor Chris Christie. In January 2022, Governor Phil Murphy signed into law legislation to codify same-sex marriage into New Jersey statutes.[4][5][6]

  1. ^ Zernike, Kate (October 21, 2013). "As Gays Wed in New Jersey, Christie Ends Court Fight". New York Times. Retrieved October 22, 2013.
  2. ^ "NJ Supreme Court won't delay gay marriage". The Record (Bergen County). October 18, 2013. Retrieved October 22, 2013.
  3. ^ "Last barrier to N.J. same-sex weddings falls". The Boston Globe. October 22, 2013. Archived from the original on February 7, 2017.
  4. ^ "NJ 'Marriage Equality' Now Law; Gov. Murphy Signs What Christie Vetoed". January 15, 2022.
  5. ^ "Same-sex marriage is officially N.J. Law after Murphy signs bill". January 10, 2022.
  6. ^ "New Jersey protects same-sex marriage from Supreme Court". January 14, 2022.