Articles

Civil Unions

By: Ann M. Edens, Esquire

It has been almost two years since New Jersey has passed legislation which permits same sex partners to enter into a civil union, based on a directive from the Supreme Court in the land mark decision of Lewis v. Harris 188 N.J. 415. The Lewis Case held that same sex couples were being denied equal protection in violation of the Constitution of the State of New Jersey.

Prior to that, in July of 2004, the State of New Jersey passed the Domestic Partnership Act. This Act offered limited rights to same-sex and different sex couples. Civil Unions broaden the rights and obligations of those couples that choose to enter into them and are limited to same sex couples. Couples entering into Civil Union obtain licenses in substantially the same way that heterosexual couples obtain marriage licenses. The may also enter into prenuptial agreements.  It is important to note that Civil Union couples have similar rights to married couples, not the same rights. One example of this is that partners in civil unions may not use the grounds for divorce of Irreconcilable Differences or Deviant Sexual Conduct should they wish to dissolve their union. This distinction is important because it forces these couples to begin a dissolution only by stating grounds, long considered adversarial.

Although New Jersey has taken the step to recognize Civil Unions, it is also crucial to understand that the Federal Government does not recognize Civil Unions. As a consequence, couples in Civil Unions may file joint State tax returns, but are not permitted to file joint Federal tax returns.

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