Text of NJ A 4434 (2013)

ASSEMBLY, No. 4434 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED NOVEMBER 18, 2013 Sponsored by: Assemblyman LOUIS D. GREENWALD District 6 (Burlington and Camden) Assemblywoman SHEILA Y. OLIVER District 34 (Essex and Passaic) SYNOPSIS Recognizes same-sex marriages entered into outside the State. CURRENT VERSION OF TEXT As introduced. An Act concerning marriage, amending R.S.37:1-7 and supplementing Title 37 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. (New section) The Legislature finds and declares that: a. In two cases decided June 26, 2013, the United States Supreme Court strengthened the rights of same-sex couples. b. In United States v. Windsor, No. 12-307, (570 U.S. ____ (2013)), the Court struck down a portion of the federal "Defense of Marriage Act" (Pub.L. 104-199, 110 Stat. 2419, enacted, 1 U.S.C. §7 and 28 U.S.C. §1738C) that had denied federal benefits to same-sex couples married under state law. In Hollingsworth v. Perry, No. 12-144 (570 U.S. ____ (2013)), the Court effectively allowed same-sex marriages to resume in the state of California. c. In the majority opinion in Windsor, Justice Anthony Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." d. In the United States, same-sex marriage is authorized in Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, Washington, and the District of Columbia. The Hollingsworth v. Perry opinion effectively authorized same-sex marriage in California as well. e. Outside the United States, same-sex marriage is authorized in Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Norway, Portugal, South Africa, Spain, Sweden, and The Netherlands. f. Persons who married in these other states and countries are not recognized as married in this State; pursuant to Attorney General Formal Opinion No. 3-2007, issued February 16, 2007, same-sex marriages established under the laws of other states and foreign nations are to be treated as civil unions in New Jersey. 2. (New section) A marriage of two persons of the same sex entered into outside this State which is valid under the laws of the jurisdiction in which the marriage was entered shall be valid in this State. 3. R.S. 37:1-7 is amended to read as follows: 37:1-7. Issuing of license; remarriage or reaffirming a civil union. The licensing officer is hereby empowered to issue marriage or civil union licenses to the contracting parties who, either personally or through an attorney-in-fact pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), apply therefor and are entitled under the laws of this State to contract matrimony or establish a civil union, authorizing the marriage or civil union of such parties, which license shall be substantially in the following form: "State of New Jersey. County of city, town or township of This is to certify that any person, religious society, institution or organization authorized by law to perform marriage or civil union ceremonies within the State of New Jersey to whom this may come, he or they not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony or the civil union between A B of , in the county of and State of and C D of , in the county of and State of , and to certify the same to be the said parties, or either of them, under his hand and seal in his ministerial or official capacity. In testimony whereof, I have hereunto set my hand and affixed the seal of said town, township or city at this day of two thousand and , (Name and official title)" If the contracting parties desire both a civil and a religious marriage or civil union ceremony, the licensing officer shall issue a license in duplicate, marking one as "issued for civil marriage or civil union ceremony" and one as "issued for religious marriage or civil union ceremony." Nothing in this section shall be construed to prevent the remarriage of a couple already married to each other, including a couple already married to each other pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or to prevent a couple who has entered into a civil union to reaffirm their commitment to one another; provided, a new license is obtained and the marriage or civil union properly reported. Such license shall be plainly marked "Issued for remarriage--originally married to same mate at (state place) on (state date) or Issued for reaffirmation of a civil union-originally entered into a civil union to same mate at (state place) on (state date)." Such a license shall be issued without compliance with the provisions of R.S.37:1-4 and if applicable of the provisions of "An act concerning marriages" approved May third, one thousand nine hundred and thirty-eight (P.L.1938, c.126). (cf: P.L.2011, c.179, s.3) 4. This act shall take effect immediately and shall apply to marriages entered into outside this State prior to, on, and after the effective date of this act. STATEMENT This bill would recognize same-sex marriages entered into outside New Jersey. Specifically, the bill provides that a marriage of two persons of the same sex entered into outside this State which is valid under the laws of the jurisdiction in which the marriage was entered shall be valid in this State. The bill's findings and declarations state that in two cases decided June 26, 2013, the United States Supreme Court strengthened the rights of same-sex couples. In United States v. Windsor, No. 12-307 (570 U.S. ____ (2013)), the Court struck down a portion of the federal "Defense of Marriage Act," (Pub.L. 104-199, 110 Stat. 2419, enacted, 1 U.S.C. §7 and 28 U.S.C. §1738C) that had denied federal benefits to same-sex couples married under state law. In Hollingsworth v. Perry, No. 12-144 (570 U.S. ____ (2013)), the Court effectively allowed same-sex marriages to resume in the state of California. In the majority opinion in Windsor, Justice Anthony Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." In the United States, same-sex marriage is authorized in Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, Washington, and the District of Columbia. The Hollingsworth v. Perry opinion effectively authorized same-sex marriage in California as well. Outside the United States, same-sex marriage is authorized in Argentina, Belgium, Brazil, Canada, Denmark, Fran ce, Iceland, Norway, Portugal, South Africa, Spain, Sweden, and The Netherlands. Same-sex couples who were married in these other states and countries are not recognized as married in this State; according to a 2007 Formal Opinion by the New Jersey Attorney General, same-sex marriages established under the laws of other states and foreign nations are to be treated as civil unions in New Jersey. In addition to providing that same-sex marriages entered into outside the State are valid here, the bill amends R.S.37:1-7, concerning the remarriage of persons already married to each other. Under the bill, persons who entered into a same-sex marriage outside New Jersey may remarry each other in this State. The bill would apply to marriages entered into outside this State prior to, on, and after the effective date.