Editor's note:  Although helpful, this ruling shows the basic inequality of NJ Civil Unions -- they will not be considered marriages elsewhere.

N.J. will be civil to some

same-sex marriages

BY Robert Schwaneberg, Star-Ledger (NJ.com) Feb 17, 2007

Same-sex marriages performed in Massachusetts or in foreign countries will automatically be recognized as civil unions in New Jersey starting Monday, Attorney General Stuart Rabner ruled yesterday.

The ruling means same-sex couples who wed in jurisdictions where that is legal will get the benefits and obligations of marriage, but under the different title that New Jersey lawmakers created: civil unions.  That law takes effect Monday.

Rabner ruled civil unions performed in Vermont and Connecticut will automatically be respected in New Jersey.  California domestic partnerships -- which are substantially equivalent to marriage -- also will be recognized as civil unions.

"Couples in these relationships need not secure a New Jersey civil union license or solemnize their relationships in this state in order to enjoy all of the rights and obligations of a New Jersey civil union," Rabner wrote.  They have the option of reaffirming their union in a New Jersey ceremony.

David Buckel, director of the gay rights group Lambda Legal, called Rabner's opinion "a good news, bad news decision."  He said it "brought enormous peace of mind to a lot of couples and families" who will continue to have legal protections.

"The bad news is that the attorney general is not recognizing a marriage as a marriage," Buckel added.

After Connecticut adopted civil unions in 2005, its attorney general ruled same-sex marriages from other jurisdictions "have no legal force and effect here."  Rabner's ruling extends the legal protections of civil unions to same-sex marriages performed in Massachusetts, Canada, the Netherlands, Belgium, South Africa and Spain.

Lianne and Julie Sullivan-Crowley of Princeton married in Massachusetts in 2004 while living there and later moved so Lianne could take a job as vice president for human resources at Princeton University.

"We're disappointed," Julie said.  "A civil union is not a marriage." Lianne agreed, adding they are pleased New Jersey recognizes the legal protections their marriage carries without any additional action.

Rabner said the recognition New Jersey grants to a same-sex union from another jurisdiction depends on the rights and duties it confers:  if it is not equivalent to marriage it will be treated as a domestic partnership, which carries a dozen specific rights.

Government-sanctioned unions from Great Britain, New Zealand, Iceland and Sweden will be treated as civil unions.  Same-sex partnerships under the laws of Maine, Hawaii and the District of Columbia will be treated as domestic partnerships.

Robert Schwaneberg may be reached at rschwaneberg@starledger.com or (609) 989-0324.