Jan 16, 2004  |  By: CYD ZEIGLER JR.  | COMMENTS     

TRENTON, N.J. — New Jersey Gov. James E. McGreevey (D) this week signed into law a bill that formally recognizes same-sex domestic partnerships in the state and extends a handful of rights and benefits to gay couples.

With the signing, New Jersey became the fifth state to offer formal recognition for gay relationships, joining Hawaii, California, Massachusetts and Vermont, which all offer some form of registry for gay couples.

The state now has 180 days to develop the registration process for same-sex couples.

The bill came to McGreevey’s desk after a widely publicized vote in the state Senate last week. The final tally in the Senate was 23-9, but the vote was much closer than it appeared on the surface. A bill needs at least 21 votes in the Senate to pass. The vote in the state Assembly in December was even closer, passing by only one vote, 41-28.

Michael Blake, president of New Jersey Stonewall Democrats, a gay partisan group, said he was pacing the hallways of the state Capitol while the Senate debated the bill, knowing that the vote would be close. Despite the opposition of some religious and conservative groups, there was little floor debate in either legislative body.

‘It feels good’
Bill sponsor Loretta Weinberg (D-Bergen) said she was thrilled with the outcome.

“Both houses had bipartisan support, and I was pleased that my colleagues on both sides of the aisle supported this,” she said.

Weinberg cited personal reasons for her support of the measure.

“I’ve always been interested in civil rights,” she told the Blade. “I know many people living in domestic partnerships. It feels good to support them.”

While many gay organizations heralded the vote, some acknowledged that the fight for full equality for gay relationships is long from over.

“We’re very happy; it is an important step forward,” said Michael Adams, director of education and public affairs for Lambda Legal Defense & Education Fund. “We also recognize that it is not the end of the story. It leaves lesbian and gay couples unprotected in many areas. It will not be until gay and lesbian couples have the same right as heterosexual couples and that would be the right to marry.”

The new law offers four main benefits to couples registered in a domestic partnership: hospital visitations; medical decisions; exemption from state inheritance tax; and equity for private insurance policies.

Weinberg lamented the loss of other rights that died in negotiations over the bill.

“It’s the art of compromise,” she said. “For example, the bill originally required private businesses that offer health benefits to spouses to offer health benefits to domestic partners. That requirement is no longer in there.”

The bill offers domestic partnership to heterosexual couples only if both parties are over age 62, who might need some recognition without risking spousal benefits from a previous marriage.

Weinberg’s original intent was not to include an age restriction and she said she hopes that a broader bill that includes all couples and family members who rely on one another for support will be introduced soon.

While Weinberg said she is proud of the new law, she said she regrets that New Jersey is “really behind the curve” in offering domestic partner benefits, as many businesses in the state are already offering benefits to the gay partners of their employees.

Advocates see pressure on N.Y.
Some observers said the move in New Jersey could put pressure on neighboring New York to adopt a similar measure. Currently, New York offers no official recognition of same-sex domestic partners. The state does, however, extend health benefits to the partners of state employees and victims of the Sept. 11 terrorist attacks.

New York City and several neighboring jurisdictions do maintain domestic partner registries, and hopes that the state will follow suit rest in two bills now in the state legislature’s two houses.

Assembly member Richard Gottfried (D-Upper West Side), sponsor of the Assembly bill, hopes New Jersey’s action will create some momentum for New York.

“Every time there is a step forward on this issue, it helps to build public and legislative awareness and support,” Gottfried said.

State Sen. Thomas Duane (D-Chelsea), who is gay, is sponsoring a similar bill. Both bills have been sent to the judiciary committees of their respective bodies. A similar bill in the Senate (S1205) died in that committee in 2002.

With McGreevey’s signature on Monday, the state of New York is nearly surrounded by states recognizing same-sex domestic partners. Three of the five states now recognizing same-sex partners ...