Dear Mayor:

The law establishing civil unions in New Jersey was signed today by Governor Corzine. It will take effect sixty days from today.

The new law allows same sex couples to enter into legal relationships, called civil unions, bestowing upon them all the legal rights and responsibilities of marriage.  The effect of this law on municipalities will include the responsibility of municipal registrars to issue civil union licenses as they now issue marriage licenses, and the equal coverage of civil union partners of municipal employees under any benefit program provided to the spouses of municipal employees. Obviously, the benefit change will have financial implications for municipalities.

The Attorney General today has issued an opinion concerning the obligations of public officials, including mayors, who have the statutory power to solemnize marriages, and will have the power to solemnize civil unions under the new law.  The opinion says that, while it is not required that these officials perform marriages, and many do not do so, any such official who elects to be available generally to solemnize marriages must also be available generally to solemnize civil unions.  A mayor or other official who performs marriages but does not solemnize civil unions when asked to will be violating the New Jersey Law Against Discrimination (LAD), and the Attorney General can seek judicial relief to ensure the official complies with the LAD. An electronic version of the Attorney General’s opinion is available through our website, or by contacting Shirley Cade at the League (609) 695-3481 ex. 14 or at scade@njslom.com.

The League will be joining with the New Jersey Attorney General, the State Registrar,   The Municipal Clerk’s Association of New Jersey, and the Registrar’s Association of New Jersey to provide statewide seminars on February 20 and March 9 concerning this new law. Further guidance to mayors and other municipal officials will be forthcoming from the League as more information becomes available.