Interracial marriage protections are now codified in New Jersey law

New Jersey strengthens protections for interracial marriage with amendment to state law

 

 

New Jersey Gov. Phil Murphy signed a bill into law earlier this week that explicitly protects interracial marriage rights in the state. (Woo! Finally!)

 

Effective immediately, state marriage law § 37:1-1 is amended to read: 

c. Laws concerning marriage and civil union shall be read with gender and race neutral intent.

 

*amendment shown in blue

• See all New Jersey marriage laws here

 

Although interracial marriage has been legal in New Jersey for many years, following the Supreme Court’s ruling in Loving v. Virginia in 1967, it hasn’t been protected directly at the state level until now. 

 

The move to codify interracial marriage rights in the state began in earnest in 2022, shortly after the Supreme Court’s ruling in Dobbs v. Jackson Women's Health Organization (2022) overturned Roe v Wade (1973). This shocking decision by a conservative-majority SCOTUS has raised significant concerns that other cases – including Loving v. Virginia and Obergefell v. Hodges, which rely on similar understandings of the right to privacy – might also be overturned in the future. If that happened, any defunct state ban still on the books (prohibiting interracial or same-sex marriages) could become active again. 

 

Related: The Threat to Same-Sex Marriage in a Post-Roe World

 

In response, NJ Rep. John McKeon (D) introduced the legislation described above (NJ A4939) in December of 2022, in order to add protections for race to the existing law which protects same-sex marriages. The bill was passed by the Assembly in March, and by the Senate in June, 2023, and was signed by Gov. Murphy on September 5th, 2023.

 

Now, marriage rights for people of any race or gender are protected in New Jersey, regardless of any future Supreme Court decisions or changes to federal laws.

 

That's good news!

 

 

AMM's previous coverage of this legislation: 

• Bill to protect interracial marriage passes N.J. Assembly, heads to Senate
• Proposed legislation in New Jersey would protect interracial marriage in 2023

 

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Conviértete en un Oficiante de Bodas en New Jersey

 

Friends and family members can perform legal weddings in New Jersey if they've been ordained online. Ordination with American Marriage Ministries is inclusive, free, easy, and fast. Click the link below to get started and learn how to officiate weddings today. 
 

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Read Next: 

 

• NJ Lighthouse wedding, 228 steps up! (We hope this officiant wore comfy shoes.)

 

• How to Become a Wedding Celebrant & Officiate a Wedding for the First Time
   
• How to Get Married in New Jersey: Plan a Wedding in The Garden State
   

 

Photo: Jakob Owens / Unsplash

Planning a New Jersey wedding? This short guide will help! Read the full article here.

 

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