New Jersey Marriage Laws | § 37:1-28 | Findings, Declarations Concerning Civil Unions. Marriage Laws

New Jersey Statutes 37:1-28

Findings, declarations concerning civil unions.

1. The Legislature finds and declares that: a. Same-sex couples in New Jersey live together in committed relationships without the benefits and rights afforded to heterosexual couples who choose to marry; b. Promoting such stable and durable relationships as well as eliminating obstacles and hardships these couples may face is necessary and proper and reaffirms this State's obligation to insure equality for all the citizens of New Jersey; c. New Jersey was one of the first states to adopt comprehensive legislation prohibiting discrimination based on affectional or sexual orientation and one of the first states to formally recognize domestic partnerships by enacting the "Domestic Partnership Act," P.L.2003, c.246 (C.26:8A-1 et al.) on January 12, 2004 thereby guaranteeing in law certain rights and benefits to those individuals who enter into domestic partnerships; d. Those rights and benefits afforded to same-sex couples under the "Domestic Partnership Act" should be expanded by the legal recognition of civil unions between same-sex couples in order to provide these couples with all the rights and benefits that married heterosexual couples enjoy; e. It is the intent of the Legislature to comply with the constitutional mandate set forth by the New Jersey Supreme Court in the recent landmark decision of Lewis v. Harris, 188 N.J. 415 (October 25, 2006) wherein the Court held that the equal protection guarantee of Article I, paragraph 1 of the State Constitution was violated by denying rights and benefits to committed same-sex couples which were statutorily given to their heterosexual counterparts. The Court stated that the "State can fulfill that constitutional requirement in one of two ways. It can either amend the marriage statutes to include same-sex couples or enact a parallel statutory structure by another name, in which same-sex couples would not only enjoy the rights and benefits, but also bear the burdens and obligations of civil marriage." Id. at 463. f. The Legislature has chosen to establish civil unions by amending the current marriage statute to include same-sex couples. In doing so, the Legislature is continuing its longstanding history of insuring equality under the laws for all New Jersey citizens by providing same-sex couples with the same rights and benefits as heterosexual couples who choose to marry.

L.2006,c.103,s.1.

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More New Jersey Marriage Laws

§ 37:1-13 Authorization to solemnize marriages and civil unions.
§ 37:1-2 Entry into marriage, civil union by proxy under certain conditions.
§ 37:1-7 Issuing of license; remarriage or reaffirming a civil union.
§ 37:1-10 Common law and other marriages without license; validity
§ 37:1-12.2 Trust fund to aid victims of domestic violence.
§ 37:1-17 Marriage or civil union license; information provided.
§ 37:1-28 Findings, declarations concerning civil unions.
§ 37:1-31 Legal benefits, protections, responsibilities of civil union couples equal to those of married couples.
§ 37:2-30 Minor spouses; authority to join adult spouse in transfer of realty
§ 37:2-34 Contents of premarital or pre-civil union agreement.
§ 37:2-32 Definitions
§ 37:1-3 Where marriage or civil union license to be obtained.
§ 37:1-4 Issuance of marriage or civil union license, emergencies, validity.
§ 37:1-6 Prohibition of issuance of marriage, civil union license to minor.
§ 37:1-8 Testimony under oath by applicants as to legality of proposed marriage or civil union; witnesses; perjury.
§ 37:1-9 When issuance of license prohibited.
§ 37:1-11 Illegal issuance of license a disorderly persons offense.
§ 37:1-12 Fees; disposition in cities of first class.
§ 37:1-12.1 Additional fee.
§ 37:1-12.3 Rules and regulations
§ 37:1-13.1 Marriages solemnized by municipal magistrate or magistrate of municipal court; validation
§ 37:1-13.2 Marriages solemnized by judge of court of record; validation
§ 37:1-14 Certain marriages validated
§ 37:1-15 Solemnizing without presentation of license; disorderly persons offense.
§ 37:1-16 Interrogation of applicants under oath; perjury.
§ 37:1-17.3 Entry into marriage, civil union by proxy under certain conditions
§ 37:1-17.1 License and certificate of marriage or civil union; transmittal.
§ 37:1-17.2 Delayed reports; filing; contents; affidavits; evidence.
§ 37:1-18 Penalty for false certificate.
§ 37:1-19 Penalty; how recovered.
§ 37:1-27 Tests; information; distribution by issuer of marriage or civil union licenses.
§ 37:1-36 New Jersey Civil Union Review Commission, establishment; membership; duties; reports; expiration.
§ 37:1-29 Definitions relative to civil unions.
§ 37:1-32 Legal benefits, protections, responsibilities of spouses which apply in like manner to civil union couples; list not exclusive.
§ 37:1-30 Criteria for establishment of civil union.
§ 37:1-33 References to marital or spousal relationships to include civil unions.
§ 37:1-34 Validity of civil unions entered into in foreign jurisdictions.
§ 37:1-35 Rules and regulations; guidance on replying to form questions.
§ 37:2-31 Short title.
§ 37:2-33 Formalties; consideration.
§ 37:2-35 Premarital or pre-civil union agreement not to adversely affect right of child support.
§ 37:2-36 When premarital or pre-civil union agreement becomes effective.
§ 37:2-37 Amendment or revocation of premarital or pre-civil union agreement.
§ 37:2-38 Enforcement of premarital or pre-civil union agreement; generally.
§ 37:2-39 Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void.
§ 37:2-40 Construction of article
§ 37:2-41 Application of article.
§ 37:1-1 Marriages and civil unions