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From the Philadelphia Inquirer

Report criticizes N.J. civil union law


A review panel found that same-sex couples still faced discrimination and were given "second-class status."


by Sandy Bauers
Monday, February 18, 2008

A New Jersey commission has found in an initial report that civil unions – approved a year ago in an attempt to ensure equal rights for same-sex couples – are falling short of the goal.

It said that employers were still discriminating against those in same-sex relationships and that civil unions were "not clear to the general public, which creates a second-class status."

The commission is expected to release the report tomorrow, the first in a series of analyses. The Inquirer obtained a copy yesterday.

The finding, based on three public hearings, could boost an effort to allow gay marriages in New Jersey.

In the 21-page document, the Civil Union Review Commission, a 12-member group appointed to examine the impact of the law, also noted that it had "a particularly disparate impact on people of color." Also, by declaring a civil union, members of the U.S. military violate the "don't ask, don't tell" policy because they are revealing their sexual orientation, the commission said.

As of mid-January, 2,329 couples had received civil union licenses, according to the Associated Press, which first disclosed the findings.

Steven Goldstein, who chairs Garden State Equality, a group that advocates marriage for same-sex couples, called the report a "sweeping indictment" of the state law, which he said "may be the biggest failure in civil rights experimentation in the history of New Jersey."

Goldstein, who is also vice chairman of the commission, said the law "segregates, discriminates and humiliates the very people it is supposed to protect."

Gay-marriage opponent Gregory Quinlan, director of government affairs for New Jersey Family First, the lobbying arm of the New Jersey Family Policy Council, said he was not surprised by the commission's findings because the commission itself "is a sham."

He said the commission "was devised so that homosexual marriage would be enshrined in New Jersey. That was its purpose. Not to examine civil unions."

Gov. Corzine's spokeswoman, Lilo Stainton, said the governor was "disappointed to hear about the frustration that people are having. . . . That is unfortunate."

Corzine has said that he would sign a gay-marriage bill, should one pass the Legislature, but that he did not want to do so this year.

"He doesn't want the issue of gay marriage to be hijacked by the right wing during a presidential election," Stainton said.

"His bottom line is not so much about the M word – marriage. It's about equal rights. He wants to make sure people have access to benefits, to jobs, to education, and all the things that they should, regardless of color, creed, sexual orientation, and all the other things."

New Jersey became the third state in the country to allow civil unions after a 2006 Supreme Court ruling that gay couples were entitled to the same legal protections as those who were married.

The commission was established at the same time, and last year conducted the hearings at which 96 people testified.

Among them was Lynn Fontaine Newsome, president of the New Jersey State Bar Association, who dubbed New Jersey's act "a failed experiment."

She said the law had "perpetuated unacceptable second-class legal status" and created additional legal complexity.

Members of the bar "tell me more stories of the countless additional hours of work that must go into representing gays, lesbians, bisexual clients and their families," Newsome said.

Others testified that some same-sex partners were denied health insurance because of a provision in the federal "Defense of Marriage Act" that applies to about 50 percent of all companies in New Jersey, according to the report.

One woman testified that she and her partner had considered dissolving their civil union. "In the event that something happens with her and she has no insurance coverage, our entire estate is in jeopardy, rather than just half."

The commission wrote that a common theme in the testimony was that "while marriage is universally recognized by the public, civil union status must be explained repeatedly to employers, doctors, nurses, insurers, teachers, soccer coaches, emergency room personnel, and the children of civil union partners."

It added that children of same-sex couples were confused about the legal status of their parents.

The report also noted testimony about Vermont, which has allowed civil unions since 2000, and where couples in civil unions still face problems today. Others testified that couples in Massachusetts, which allows same-sex marriage, do not have the same problems, the report noted.

"This report unleashes a wrecking ball on every argument that opponents of marriage equality might offer," Goldstein said. "It says the civil union law is a disaster, that compliance with the law is never going to get significantly better, and that marriage equality can make a huge difference for same-sex couples."

Quinlan and others criticize the commission as being weighted with gay or pro-gay members. "The position I'm taking here is there is no justification" to give gays the same rights as married couples, he said. "We should not as a society be enabling homosexual behavior, period."

Stainton defended the makeup of the commission, saying Corzine felt it was discussing "issues that were relevant to a certain population."

The commission has a three-year charge to evaluate the act, and it noted in its report "the need for additional evaluation and review."