NJ Commission Recommends Enactment of Marriage Equality

via Garden State Equality

IN A UNANIMOUS VOTE, A BLUE-RIBBON STATE GOVERNMENT COMMISSION ISSUES ITS FINAL REPORT TO GOVERNOR CORZINE AND THE LEGISLATURE, RECOMMENDING THEY ENACT A MARRIAGE EQUALITY LAW

The report will be posted at 10:00 am ET on Wednesday, December 10, 2008 at
http://www.nj.gov/oag/dcr/curc.html

The New Jersey Civil Union Review Commission says the civil union law "invites and encourages" harm to same-sex couples and their children

The commission cites "overwhelming evidence" the civil union law will never provide equality with the passage of time

The 13 Commissioners include not only LGBT leaders, but also a right-to-life Republican, plus two clergy, plus six government officials representing an Administration that had opposed marriage equality in the courts

To watch video of same-sex couples testifying before the Commission, visit
http://www.civilunionsdontwork.com/

Wednesday, December 10, 2008 – A New Jersey state government commission today unanimously recommended to Governor Corzine and the New Jersey legislature that they enact a law to allow same-sex couples to marry "expeditiously because any delay in marriage equality will harm all the people of New Jersey."

The recommendation is part of the 79-page final report of the New Jersey Civil Union Review Commission, a 13-member body created by the civil union law enacted in December 2006. The 13 Commissioners include not only LGBT leaders, but also a right-to-life Republican, plus two clergy, plus six government officials representing an Administration that had opposed marriage equality in the courts. Their report, passed on a 13 to 0 vote with no abstentions, is based on testimony from more than 150 witnesses over 26 hours spanning 18 public meetings in 2007 and 2008.

The civil union law "invites and encourages unequal treatment of same-sex couples and their children," concludes the final report, titled The Economic, Legal, Medical and Social Consequences of New Jersey's Civil Union Act. "In a number of cases, the negative effect of the Civil Union Act on the physical and mental health of same-sex couples and their children is striking, largely because a number of employers and hospitals do not recognize the rights and benefits of marriage for civil union couples."

"The Commission is compelled to issue its final report now because of the overwhelming evidence that civil unions will not be recognized by the general public as the equivalent of marriage in New Jersey with the passage of time. Nearly a decade later, civil union couples in Vermont report the same obstacles to equality that New Jersey civil union couples face today," the report states, citing the recent study of a panel in Vermont.

Besides assessing the civil union law's impact on same-sex couples, today's final report describes how the absence of a marriage equality statute deprives New Jersey's entire economy of considerable revenue. "Spending on weddings and tourism could boost the New Jersey economy by approximately $248 million over three years," the report states. One expert testifying before the Commission estimates the figure could be $500 million or more.

But the heart of today's report is its delineation of the harm that New Jersey's civil union law has pro-actively inflicted upon same-sex couples.

"I'm a pro-life Republican and past Director of Gloucester County Right-to-Life," said Commission member AnnLynne Benson on the release of today's report, “so I know the diversity of this Commission. Our report demonstrates in exquisite detail why amending New Jersey's law to extend marriage to same-sex couples is a necessity. The New Jersey Supreme Court ruled that 'denying rights and benefits to committed same-sex couples violates the equal protection guarantee and can no longer be tolerated under our State constitution.'

Implementation of that ruling by the invention of a parallel status failed to deliver equality. It was like planting a toothpick and hoping a tree would grow."

According to the final report, civil union law's harm to same-sex couples includes:
▪ The inability of a number of same-sex partners to visit one another in the hospital, and to make medical decisions for one another, because hospitals don't accept civil unions as equal to marriage. The Commission's final report begins with the story of Naomi and Gina, a couple in Montclair, New Jersey who had a humiliating and life-threatening experience at a hospital.

Gina was admitted to the emergency room with cardiac arrhythmia, unable to give consent for treatment. When Naomi arrived and said she was Gina's partner, the doctor interrogated Naomi about the nature of the relationship and initially kept Naomi away from Gina and refused to let her give consent for Gina. The report has other stories like this.

▪ "Significant psychological damage" to the children raised same-sex couples because their families are given the stigmatizing label of civil union; and to LGBT youth who view themselves as inferior because they cannot marry. "Their heartbreaking testimony," the report states, "brings to life their struggle in a way that no numbers – whether complaints filed with government agencies or advocacy organizations – can encapsulate on their own." Dr. Marshall Forstein, a Harvard Medical School professor, testified: "Second-class citizenship, now institutionalized in some states in the form of civil unions, contributes to increased rates of anxiety, depression and substance use disorders in marginalized populations."

▪ The denial of health insurance by employers to same-sex partners, especially harmful during the current economic crisis. Today's final report underscores what the Commission's interim report of February 2008 found, that the federal Employment Retirement Insurance Security Act (ERISA) preempts the New Jersey Civil Union law for approximately 50 percent of all employers in the state. For that 50 percent, providing equal rights and benefits for same-sex couples under the civil union law is an option rather than a requirement.

The Commission's final report refutes the notion – as the interim report did – that a change in state law from civil unions to marriage equality would have minimal impact because Federal law does not recognize same-sex relationships. The final report provides ample evidence to the contrary, based on the dramatically lower invocation of ERISA by companies in Massachusetts, which has a marriage equality law. "The term 'marriage,' the report concludes, "would make a significant difference in providing equality even with no change in federal law."

▪ Compounded harm to women, African-Americans and Latino-Americans, all of whom face discrimination because of their gender, race or ethnicity, and who now suffer double discrimination when denied equal rights and benefits under the civil union law. The state Public Advocate told the Commission about "the particular difficulty for lower-income same-sex couples who encounter discrimination because they have fewer resources with which to seek legal counsel and redress, and who have difficulty meeting expenses if faced with reduced healthcare benefits."

▪ Harm to the marriages of couples where one partner is transgender. The final report reaffirms the finding in the Commission's interim report that the classification of civil union places marital status in question for these couples, who had gotten married legally when they were opposite-sex couples.

Click here to take action on this issue.

ZOGBY POLL: NEW JERSEY WANTS TO DUMP CIVIL UNIONS

By 59 to 36 percent, New Jerseyans say okay to public officials'
changing the civil union law to marriage equality

An astounding 69 percent of New Jerseyans say marriage equality
is inevitable in the state

Though Governor Corzine’s favorables are up and he’d beat Chris Christie,
New Jersey wants Corzine to take Obama Administration job if offered

Surprisingly, voters don’t care if Corzine picks a woman or minority
as running mate for Lieutenant Governor

You can see the complete poll at http://www.gardenstateequality.org/

**********************************************************

Tuesday, August 19, 2008 -- A majority of New Jersey favors marriage for same-sex couples over civil unions – and an even bigger majority is fine with public officials’ changing the civil union law to marriage equality, according to a new statewide Zogby Poll commissioned by Garden State Equality.

By 59 to 36 percent, New Jerseyans say they would be "fine with" public officials’ changing the civil union law to marriage equality. Indeed, when the poll goes out of its way to remind voters that New Jersey already has a civil union law, a majority of New Jersey still supports marriage for same-sex couples – 50.1 to 42.3 percent. And an astounding 69 percent of New Jerseyans say marriage equality is inevitable in the state.

Coming on the eve of the Democratic National Convention, the poll also asks a number of political questions. By 47 to 33 percent, New Jerseyans want Governor Corzine to say yes if a prospective President Barack Obama offers Corzine a job in the new Administration. But the poll puts Corzine’s approval ratings at 55 to 42 percent favorable-unfavorable, and he would beat Chris Christie 45 to 36 percent in a 2009 gubernatorial matchup. The numbers indicate that New Jerseyans may be giving Corzine permission to go to Washington not because they disapprove his job performance in Trenton.

Assuming Corzine runs for reelection in 2009, New Jerseyans by an overwhelming margin – 64 to 31 percent – don’t care if he picks a woman or minority as his running mate for Lieutenant Governor.

Zogby took the poll of 803 likely New Jersey voters from August 7 through August 11, 2008. The margin of error is +/- 3.5 percent. Though Garden State Equality commissioned the poll, Zogby collected the data independently.

According to the poll, U.S. Senator Frank Lautenberg’s favorable to unfavorable rating is 52 to 35 percent. He would defeat former Congressman Dick Zimmer 50 to 32 percent if the 2008 U.S. Senate election were held today. U.S. Senator Bob Menendez’s favorable to unfavorable rating is 43 to 33 percent.

Senate President and former Governor Dick Codey continues to be the state’s most popular official, with a favorable to unfavorable rating of 66 to 17 percent.

In response to the question: Currently, New Jersey lets same-sex couples enter only into civil unions, while California and Massachusetts give same-sex couples the freedom to marry. Do you support or oppose same-sex couples in New Jersey also getting the freedom to marry? 50.1 percent said, support. 42.3 percent said, oppose.

In response to the question: If public officials conclude that the civil union law has not worked to provide same-sex couples the legal protections that marriage would, and that New Jersey should fix the problem by giving same-sex couples the freedom to marry, would you be fine with that or upset by that? 59 percent said, fine with that. 36 percent said, upset by that.

“No one should doubt the meaning of these numbers,” said Steven Goldstein, chair of Garden State Equality. “New Jersey wants to end discrimination in marriage, and is ready for our public officials to do it right now. The civil union law is one the greatest civil rights failures of our time. New Jersey sees that, and understands that justice delayed is justice denied.”

New Jersey also wants Governor Corzine to follow the lead of New York Governor David Paterson, who has recognized legal out-of-state marriages of same-sex couples in his own state. In response to the question: Same-sex couples can already be legally married in places outside New Jersey, including California and Massachusetts. Do you think New Jersey should recognize those marriages as marriages in New Jersey? 57 percent said yes and 37 percent said no.

69 percent believe New Jersey will allow same-sex couples to marry, while only 21 percent believe New Jersey would not. 71 percent said, nothing will happen to legislators if they vote for marriage equality “because New Jersey voters care more about other issues.” Only 21 percent said supportive legislators would not be reelected.

In one of the poll’s most interesting questions – probably the first time the question has appeared in any poll – a clear majority of New Jerseyans believe insurance companies unfairly discriminate against transgender people by not covering the medical treatments that doctors deem vital to gender transition. 53 percent said this denial by insurance companies is unfair, while only 36 percent said it is fair.

In fact, even though New Jersey is a worldwide leader in banning discrimination against transgender people – the state’s Law Against Discrimination, hate crimes and anti-school bullying laws all encompass gender identity or expression – a number of insurance companies still refuse to cover vital medical treatment. The American Medical Association has said such denials are discriminatory.

“It is outrageous that some insurance companies deny vital health coverage to transgender citizens even though our state outlaws it,” said Barbra Casbar Siperstein, vice-chair of Garden State Equality and political director of the Gender Rights Advocacy Association of New Jersey. “Our state must act to ensure that all insurance companies follow the law.”
Finally, few New Jerseyans care whether Governor Corzine picks a woman or minority as his running mate in 2009, when New Jersey will be electing a Lieutenant Governor for the first time.

64 percent said it is unimportant to them whether Corzine picks a woman or minority as his running mate, with 45 percent saying it is “very unimportant.” Even a majority of Democrats said it is unimportant, though by a narrow 50 to 45 percent.

Women in the general electorate said it is unimportant, 58 to 37 percent. Latino voters said it is unimportant, 69 to 31 percent. Only African-American voters said it is important to them that Corzine pick a woman or minority as his running mate, 66 to 28 percent.

To see rest of the August 2008 Zogby-Garden State Equality Poll and the demographic breakdowns for all questions, please visit http://www.gardenstateequality.org/.

Pressure Mounting On NJ Lawmakers To Legalize Gay Marriage

by 365Gay.com Newscenter Staff
Posted: June 20, 2008 - 11:00 am ET

(Trenton, New Jersey) LGBT rights activists are stepping up their pressure on New Jersey lawmakers to take up legislation that would convert the state's civil unions law to provide for marriage.

The decision by the California Supreme Court to allow same-sex marriage has helped in the fight and a study released Friday will likely add to the argument that allowing gays and lesbians to marry is not only a matter of equal rights but also is good business.

The study, released by the Williams Institute at UCLA School of Law examined the potential economic gains that same-sex couples' weddings would bring to New Jersey.
Presently California stands as the sole recipient of the same-sex tourism and wedding windfall because, unlike Massachusetts which limits marriage licenses only to people from areas where the marriages would be legal, California has opened the marriage gate to same-sex couples from across the country.

If New Jersey extended marriage to same-sex couples it could share in that windfall, the Williams Institute study said. The New Jersey wedding industry will receive a substantial $248 million boost in direct spending by same-sex couples over the next three years, the study said.
It predicts that, based on the experience of Massachusetts, half of New Jerseys 21,178 same-sex couples will want to marry, leading to 10,589 weddings. Another 45,831 out-of-state couples are likely to travel to New Jersey to marry.

This economic lift will also likely generate over 800 new jobs in the state the study found.
"In a tough economic climate, marriage can directly benefit the New Jersey budget in a direct, tangible, and substantial way," said economist M.V. Lee Badgett, co-author of the study and research director of The Williams Institute.

Weddings by same-sex couples in New Jersey will have a positive impact on the state budget of over $96 million within the next three years, the report found...

Gay marriage could add $500M to NJ economy, panel told

by Robert Schwaneberg/The Star-Ledger
Wednesday June 18, 2008, 3:37 PM


New Jersey could boost its economy by more than half a billion dollars over the next three years by promptly legalizing same-sex marriage, a California law professor told a state commission today. Brad Sears, executive director of the Williams Institiute at UCLA School of Law, said gay weddings alone would pump $248 million into New Jersey's economy under a "very conservative" economic analysis. He said additional spending on gifts, overnight hotel stays by visiting friends and other items could boost the total to "a half billion dollars plus" over the next three years.

Sears testified before the New Jersey Civil Union Review Commission, which is exploring the economic impact of legalizing gay marriage. He said that by legalizing only civil unions for same-sex couples, New Jersey had incurred "all the costs without getting the main benefit" -- spending on wedding celebrations.

Last year the New York City Comptroller's Office calculated that allowing gays to marry would boost that city's economy by $142 million in the three years following legalization. That analysis found gay marriage would cost New York City employers $33 million in health insurance premiums for same-sex spouses, but that would be more than offset by spending on weddings.

It calculated those weddings -- many among same-sex couples from New Jersey and other states traveling to the Empire State to wed, would pump $175 million into New York City's economy. John Tomicki, chairman of the N.J. Coalition to preserve and protect marriage, said that argument could justify polygamy.

"To take that reasoning further you should be able to marry 10 people at a time and that would cause even larger receptions," Tomicki said. "The logic is rather silly."