Note:  Middlesex County NOW member John Campbell is quoted in this article (see emphasis below).

A legal guide for

same-sex partners

BY PEGGY O'CROWLEY,Star-Ledger Staff, December 16, 2005

When the Domestic Partnership Act took effect last year, attorney Stephen J. Hyland decided to put together a short guide to help couples figure out what domestic partnership meant legally.

Eighteen months and 276 pages later, "New Jersey Domestic Partners: A Legal Guide" (Rivergate Books, $24.95) has been published by the Rutgers University Press and is available in bookstores across the state.  There are approximately 3,800 registered partnerships and up to 20,000 same-sex couples in New Jersey, according to Hyland.

In its current form, the guide is a testament to the complexity of the law.  It outlines in detail the kinds of rights the partnership act provides for same-sex couples, those it does not, and the vague in-between status of many situations.

Those fuzzy areas include:  If you register as domestic partners, are you each responsible for your partner's medical expenses?

"There are a lot of unclear areas in the law, and that tends to be one of them.  If you are offered domestic partner benefits, you may be required to provide those benefits to the partner," Hyland said.  "But these types of obligations can be modified by contract, similar to a prenuptial contract."

Another unclear area:  Will judges use the same equitable distribution formula for domestic partners as married couples when they decide to split up?

"I think most judges will use the same equitable distribution as marriage, but in a way it's a warning, for two reasons:  Individuals who are contemplating going out and getting registered should be engaged for some time, and couples need to understand that in the event the partnership is terminated, they need to have some legal advice," said Hyland.

Some of these questions will be decided by court precedent or by legislative changes -- whichever comes first, in some cases.  One of them is whether domestic partners are considered on par with married spouses when one partner dies without leaving a will.

Hyland is representing a Perth Amboy woman who registered in a domestic partnership in December 2004, six months before her companion of nearly 20 years died without a will.  Under current law, the surviving partner has no right to inherit the estate, including a home, automobiles and the funds in the deceased partner's bank account.  All of those assets will go to the deceased's relatives or the state.  In contrast, a widow or widower is entitled to the entire estate if a spouse dies without a will.

At the same time as the suit is going forward, the state Senate is considering an amendment to the act that would ensure the surviving same-sex partner would receive the inheritance and have control of funeral arrangements, even if there is no will.

What's also unclear is whether the New Jersey act, which recognizes civil unions from other states like California, Connecticut and Vermont, will allow all the privileges extended to parties in those states.  The California legislature reenacted its law to extend virtually all the privileges and rights of marriage to same-sex couples, after the state was ruling on issues in a patchwork way, Hyland said.

The Princeton-area attorney, who lobbied in favor of the act, hopes that will happen in New Jersey.  In the meantime, he expects to keep updating the guide, a copy of which is online at www.njdomesticpartnership.com.

Chapters include whether to register -- Hyland recommends it; how to register; how to legally extend rights not included in the law, including inheritance and parenting responsibilities; and what to do in case of termination of the partnership.

"There are so many questions, and so much changing every day, that any help that goes out is good," said John Campbell, founder of the Gay and Lesbian Political Action and Support Group, based in Edison. He and his partner have registered under the act.

Of course, such a guide will become moot if a State Supreme Court decision validates same-sex marriage.  Under an ongoing case before the court, seven couples have argued they should have the right to legal marriage.

Peggy O'Crowley covers family issues.  She can be reached at pocrowley@starledger.com or at (973) 392-5810.