Richard,
NJ has a public policy interest in making sure marriages it recognizes meet its its marriage policies - for instance, NJ may not have to recognize a polygamist marriage from another country or a marriage between two 15 years olds from some southern state. To my knowledge NJ has not taken any aggressive steps to interfere with marriages it would otherwise not allow to be contracted here, but it is certainly a public policy allowance to any state.
Secondly, the vetoed statute automatically converts CU's to marriages. I oppose that provision and am working with others, Lambda and GSE to raise those concerns. Under Judge Jacobson's decision, this does not happen and NJ CU couples must affirmatively marry here or in another marriage jurisdiction in order to be "married." So I agree with your conclusion that CU couples are not married for federal purposes, except for the eligibility for SS spousal survivor benefits based on intestate inheritance.
Deb
-------------------------------------------
Debra Guston Esq.
Glen Rock NJ
(201)447-6660
-------------------------------------------
Original Message:
Sent: 11-01-2013 15:49
From: Richard Diamond
Subject: Out of State Marriages recognized
Judge Jacobsons decision states that any treatment of same sex couples differently that the treatment of opposite sex couples violates their equal protection guarantees under the US & NJ Constitutions and is impermissible.
If a couple is "legally" married under the laws of a sister state, I do not believe that NJ has the right to even question whether the out-of-state marriage is consistent with the laws of our state and our and public policy for purposes of determining whether it will recognize it. That ship has sailed.
I think that bigger issue is whether same sex couples who entered into civil unions under the Civil Union Act, will be required to now apply for civil "marriage" licenses or whether their civil union will automatically convert to a civil "marriage".
The significance of same focuses on the legal reference to "spouse" for federal government agency purposes and for purposes of filing joint federal income tax returns.
Absent a formal declaration by the NJ Court or NJ legislature as to as to the conversion, same sex couples in NJ who entered civil unions ( as opposed to civil marriages ) still cannot file joint federal income tax returns and cannot refer to their partner as spouse for specific federal government agency benefits.
-------------------------------------------
Richard Diamond Esq.
Millburn NJ
(973)379-9292
-------------------------------------------
Original Message:
Sent: 11-01-2013 13:38
From: Felice Londa
Subject: Out of State Marriages recognized
This message has been cross posted to the following Discussions: Family Law and LGBT Rights Section .
-------------------------------------------
This just in: The State has finally answered the question that has been on our minds since the Garden State Equality v. Dow was decided.
If I was married in another state, do I need to enter in a marriage in New Jersey in order to have my marriage recognized in New Jersey?
No. Just as with opposite-sex couples, so long as your out-of-state marriage is consistent with the laws and public policy of New Jersey, your marriage is valid and recognized in this State and you will not need to enter into a New Jersey marriage.
http://www.state.nj.us/health/vital/faq.shtml#ssm
-------------------------------------------
Felice Londa Esq.
Elizabeth NJ
(908) 353-5600
-------------------------------------------