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This website focuses on the interjurisdictional recognition of same-sex marriages, civil unions, and domestic partnerships.

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Postscript

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

Justice Robert H. Jackson
u.s. supreme court

 

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flag-us-nj.gifUNITED STATES

New Jersey

 

Higher Law. New Jersey is bound by the United States Constitution, federal law, and the international obligations of the United States.

Section 2 of the federal Defense of Marriage Act purportedly authorizes the state to disregard any “relationship between persons of the same sex that is treated as a marriage under the laws of [another] State, territory, possession, or tribe, or a right or claim arising from such relationship. 28 U.S.C. § 1738C. The constitutionality of that provision is disputed.

 

Recognition Statutes

  • N.J.S.A. 26:8A-6c (2003): “A domestic partnership, civil union or reciprocal beneficiary relationship entered into outside of this State, which is valid under the laws of the jurisdiction under which the partnership was created, shall be valid in this State.” (Domestic Partnership Act, L . 2003, c. 246, s. 6 <html> <bill info>)
  • N.J.S.A. 37:1-34 (2006): “A civil union relationship entered into outside of this State, which is valid under the laws of the jurisdiction under which the civil union relationship was created, shall be valid in this State.” (civil union law, L. 2006, c. 103, s. 95 <html> <bill info>)

Cases

Executive Actions