Interracial marriage protections are now codified in New Jersey law

Published Wednesday, Sep. 6th, 2023

NJ Gov. Phil Murphy signed a new law on Tuesday, Sept. 5, 2023, that ensures all New Jersey marriage laws be read with race neutral intent. Effective immediately, the amended law provides strong protections for interracial marriages in the state. Learn more about the passage of Assembly Bill 4939. (NJ A4939; 37:1-1; Rep. John McKeon)

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.

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:

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Jessica Levey

Lead Staff Writer & Illustrator

Jessica loves exploring the history and magic of ritual, the connections between people and places, and sharing true stories about love and commitment. She's an advocate for marriage equality, LGBTQ+ rights, and individuality, and is an ordained Minister with AMM. When she’s not writing or illustrating for AMM, she enjoys city hikes, fantasy novels, comics, and traveling.

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