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New Jersey Civil Unions Signed into Law Today

Via 365gay.

Same-sex couples in New Jersey will be able to enter civil unions beginning Feb. 19 under legislation signed Thursday by Gov. Jon Corzine, but how many couples will take advantage of the new law remains unclear.

Many gay and lesbian couples in the state say the new law is only a step toward full marriage rights. Garden State Equality, New Jersey's largest LGBT civil rights organization says it believes marriage will be legalized within two years.

One couple, Donna Harrison and Kathy Ragauckas, of Asbury Park, have been together for nine years. They told the Associated Press on Thursday they're disappointed the legislature did not legalize marriage but say they will probably get a civil union certificate anyway.

"Although I think they provide some benefit, it is a different treatment of human beings," she said.

The legislation came about as a result of an October ruling by the New Jersey Supreme Court that same-sex couples should have access to the same rights and benefits as married couples. Whether to call those rights marriages, civil unions or something else was left up to lawmakers.

The legislature opted for civil unions. The bill passed the New Jersey Legislature last Thursday afternoon.

It offers couples who register most state benefits and protections currently available to opposite-sex couples, including the right to health insurance through a partner's employer.

But it does not provide any of the benefits of marriage under federal law, and it still could cost same-sex couples more than marriage couples for health insurance.

Corzine said he had some concerns about the new law.

Like laws involving marriage mayors are not obligated to conduct civil union ceremonies. Corzine said he is worried some mayors will use the provision to refuse to unite gay couples.

Already a number of mayors have warned they won't take part in civil unions. Legal experts have told the governor that although mayors can refuse to perform ceremonies if they conduct marriages but refuse civil unions they could be prosecuted under the state's human rights law.

The law contains a provision establishing a commission that will investigate how civil unions fall short of marriage and report back to the legislature in six months.

Lambda Legal, which represented same-sex couples in the legal battle that led to the new law, is also setting up a monitor on how the law is applied.

Lambda on Thursday announced it is launching 'Civil Union Watch'.

"The law isn't even in effect yet and already we're seeing news reports of mayors planning to discriminate against same-sex couples," said David Buckel, Senior Counsel at Lambda Legal and lead attorney on the lawsuit.

"In the two years that the domestic partnerships have been in place we've seen the hardships faced by some same-sex couples, and we're prepared to continue to help couples navigate the pitfalls of a government-sanctioned second-class status," he said.

Buckle also noted that for New Yorkers, it might be better to legally marry in Canada than cross the river to New Jersey for a civil union.

"Outside New Jersey, it might surprise same-sex couples in New York to know that they may be far better off taking a plane to Canada to get married than hopping a train to New Jersey for a civil union. In New York there has been widespread respect for same-sex couples' marriages entered in Canada, but far less respect for civil unions putting couples who are seeking protections at greater risk for hardship," Buckel said.

Same-sex marriage is legal only in the state of Massachusetts and is limited to residents of the state and of Rhode Island.

New Jersey is the third state to legalize civil unions after Vermont and Connecticut. California has a domestic partner registry which provides some of the state benefits of marriage. The California Supreme Court will hear arguments next year in a case involving same-sex marriage rights.

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