New Jersey Domestic Partnership Act Overview

The recently passed New Jersey Domestic Partnership Act has significant ramifications for same sex couples living in New Jersey as well as for thosse considering moving to this state. It is important that members of the gay and lesbian community remain abreast of all issues involving these statutes. This portion of our web site will be updated regularly to keep you informed.

Who is Affected by the New Legislation?

The new law provides new status for individuals involved in same sex relationships, along with opposite sex non-married couples over the age of 62.

How is a Domestic Partnership Defined?

In order to be considered a domestic partnership, the same sex couple involved in the relationship must:

• Share a common residence
• Have a "committed relationship of mutual caring"
• Agree to support one another when needed
• Demonstrate financial interdependence through a joint mortgage, bank account and/or designation of one in the other's will.

What are Your Rights under this Legislation?

Domestic partners can:

• Claim joint state tax status
• Claim all life insurance benefits (Insurers can not discriminate based on domestic partnership status)
• Claim all pension benefits
• Have all rights of hospital visitation
• Consent to organ donations
• Name the other partner in health care proxies
• Terminate the partnership on grounds of adultery, desertion, cruelty, habitual drunkeness, or voluntary separation of 18 months or more.

What is NOT covered under this Legislation?

A domestic partnership is not legally considered a marriage. Thus, this legislation does not grant the following rights/benefits to same sex couples:

• Family entitlements in public benefits programs
• The obligation of employers to pay for insurance coverage
• The right of entitlement to support or property sharing if the partnership dissolves
• A legislated mandate regarding the equitable distribution of assets
• Automatic rights with respect to children
• An intestate succession mandate (i.e., partners may potentially receive nothing in a will)
• The right to sue in the event of an injury or death of the partner

Despite the various points laid out in the statute, there are many areas regarding domestic partnerships which remain unclear. Hence, those considering entering into or dissolving such a relationship should contact an attorney so that all pertinent issues can be addressed.

Civil Union/Same Sex Marriage.

The case of Lewis and Winslow vs. Harris was decided by the New Jersey Supreme Court on October 25, 2006, and has now provided tremendous change in the rights of same sex partners.

The Court specifically found that under the equal protection guarantee of the New Jersey Constitution, committed same sex couples (essentially defined as domestic partners) must be afforded on equal terms the same rights and benefits enjoyed by opposite sex couples under the civil marriage statute.

The Court determined that the name of such a union is irrelevant. Whether it is called a marriage, a civil union or otherwise, there can be no difference between the rights enjoyed by opposite sex couples and those by same sex couples.

The Court decided that such rights were fundamental under the New Jersey Constitution and has found that the Domestic Partnership Act has “failed to bridge the inequality gap” between committed same sex couples and married couples.

The Court has ruled and ordered that the New Jersey Legislature Act within 180 days to enact either new legislature for same sex couples or to amend the current statutes. This is of extreme significance in this area and puts New Jersey in the forefront of the issue

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