by an Act of the Legislature of the State
of New Jersey the New Jersey Commission on Civil Rights was created; and
WHEREAS, the Commission on Civil Rights is charged under the law with
consulting on matters of civil rights with the Attorney General, surveying and
studying the operations of the Division on Civil Rights, and reporting to the
Governor and Legislature with respect to such matters relating to the work of
the Division and at such times as it may deem in the public interest in the area
of civil rights generally; and
WHEREAS, pursuant to the New Jersey Supreme Court decision in Lewis v.
Harris, 188 N.J. 415 (2006) the Legislature is considering legislation named
the Civil Marriage and Religious Protection Act (A-3685) which would honor the
right to marry for same-sex couples in the State of New Jersey, while also
considering legislation in the alternative which would bar that right and
instead create civil unions for same-sex couples; and
WHEREAS, the Legislature has created New Jersey’s proud legacy of
protecting civil rights through the Law Against Discrimination, which includes
protections against sexual orientation discrimination; and
WHEREAS, imposing a separate status of "civil unions" on committed
same-sex couples for the purpose of maintaining the bar on marriage would build
a large discriminatory structure into New Jersey’s statutory law of
unprecedented scope, undermining the spirit, purpose, letter, and proud legacy
of the Law Against Discrimination; and
WHEREAS, writing into statutory law that committed lesbian and gay
couples are limited to the separate status of "civil unions" is a statement that
their relationships are lesser than marital relationships and may create a
dangerous precedent of government setting an example for employers, businesses,
health care providers and the public for the treatment of gay and lesbian
persons as second class citizens, in contradiction to the Law Against
Discrimination; and
WHEREAS, the privileged status denoted by the word "married" conveys a
meaning of commitment that is universally understood in all areas of life,
including at times of medical emergency, serious illness, familial relationships
between parent and child, and death, while the phrase "civil unionized"
diminishes these aspects of gay persons’ lives; and
WHEREAS, honoring the freedom to marry for committed same-sex couples
lifts them and any children they may have into an equal constitutional stature
as families so that they are supported and best able to contribute most
productively to their communities; and
WHEREAS, New Jersey’s proud civil rights tradition is for the majority to
protect both minorities and families as equally as those in the majority; and
WHEREAS, full marriage equality for committed same-sex couples will
enhance the economic prosperity of the State of New Jersey, by encouraging them
to settle within, make New Jersey their home and to invest in New Jersey’s
economy; and
WHEREAS, full marriage equality will not only protect the rights of
committed same-sex spouses but also their children, parents, family, friends,
and religious leaders who support marriage equality for committed same-sex
couples; and
WHEREAS, fulfilling New Jersey’s statutory and constitutional promises of
equality will send the message to lesbian and gay youth throughout the State
that they too have sound reason to believe in and work for the dreams shared by
others for building their futures and their families in New Jersey;
NOW, THEREFORE, BE IT RESOLVED, on this date, December 12, 2006, by the
New Jersey Commission on Civil Rights that the Commission hereby supports
immediate passage by the Legislature of the Civil Marriage and Religious
Protection Act (A-3685) and any legislation which provides full marriage
equality immediately, and opposes passage of a civil union bill which is in
compliance with the Constitution as declared by the Court in Lewis v. Harris,
or the New Jersey Law Against Discrimination; and
NOW, THEREFORE, BE IT RESOLVED, that the Division shall ensure that a
copy of this Resolution is transmitted to the Legislative leadership, Attorney
General, and the Governor, and that a copy be posted on the agency’s website.
John C. Campbell,
Chairman/Commissioner
Nita Raval, Esq.,
Vice-Chair/Commissioner
Richard T. Smith,
Secretary/Commissioner
Salena P. Carroll,
Commissioner
Clara C. Fernandez,
Commissioner
Hany A. Mawla, Esq., Commissioner
Dr. Joan Rivitz,
Commissioner
Resolution passed unanimously (7-0) on December 12, 2006
