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New Jersey official: Civil unions a "failure"

Friday, November 02, 2007

Although New Jersey civil unions are a "magnificent advance" for same-sex couples, they're not living up to their legislative mandate to be the equivalent of marriage, according to Frank Vespa-Papaleo, the state's civil rights director and the chair of a commission on the new law. "To me as a commissioner, the testimony revealed overwhelmingly that the civil union law has been a failure," he said.

Read the whole story over here.

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Gay Pair's Photo Blacked Out of Yearbook in Jersey

Saturday, June 23, 2007

The NJ star-Ledger has the scoop on this ridiculous, hypocritical decision by the high school...

A photograph of an East Side High School student kissing his boyfriend was blacked out of every copy of the school's yearbook by Newark school officials who decided it was inappropriate.

Andre Jackson said he never thought he would offend anyone when he bought a page in the yearbook and filled it with several photographs, including one of him kissing his boyfriend.

But Newark Superintendent of Schools Marion Bolden called the photograph "illicit" and ordered it blacked out of the $85 yearbook before it was distributed to students at a banquet for graduating seniors Thursday.

"It looked provocative," she said. "If it was either heterosexual or gay, it should have been blacked out. It's how they posed for the picture."

Russell Garris, the assistant superintendent who oversees the city's high schools, brought the photograph to Bolden's attention Thursday afternoon. He was concerned the picture would be controversial and upsetting to parents, Bolden said.

There are several photos of heterosexual couples kissing in the yearbook, but the superintendent said she didn't review the entire yearbook and was presented only with Jackson's page.

Ripping the page out entirely was considered but, Bolden said, it was decided blacking it out with a marker would lessen the damage to the yearbooks.

Jackson said he showed up at the banquet, excited to collect his yearbook. He'd paid an additional $150 for the special tribute page filled with shots of boyfriend David Escobales, 19, of Allentown, Pa., and others. Jackson learned what happened to his page moments before the books were distributed.

While the students waited, staff members in another room blacked out the 4 1/2-by-5-inch picture from approximately 230 books.

"I don't understand," said Jackson, 18. "There is no rule about no gay pictures, no guys kissing. Guys and girls kissing made it in."

East Side's is like most high school yearbooks. About 80 pages in the roughly 100-page tome is dedicated to class photos, formal shots of seniors, candids and spreads dedicated to a variety of sports teams and academic clubs.

The back of the book is a collection of tributes where students designed pages filled with pictures depicting them with their families, girlfriends and boyfriends, and friends.

Rules for publication of the pages prohibited shots of gang signs, rude gestures and graphic photos, said Benilde Barroqueiro, an East Side senior graduating with Jackson.

"You know, it couldn't be too provocative. No making out, no tongue," she said.

Students were surprised when they opened their books and found Jackson's picture had been covered with marker, Barroqueiro said.

"He purchased the page and fell under the rules," she said. "If they want to kiss, that's their page. If you don't like it, don't look at it."

via the NJ Star-Ledger

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New Jersey Civil Unions Signed into Law Today

Thursday, December 21, 2006

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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New Jersey Civil Union Bill Not Good Enough For Governor?

Monday, December 18, 2006

After the New Jersey civil unions bill passed both chambers last Thursday, New Jersey's Governor, Gov. Jon Corzine, said today that he is concerned about some of the aspects of the new civil unions bill that was expected to be signed this week. He is concerned, but not in a negative way.

Some mayors have expressed that they will not recognize civil unions. Like laws involving marriage mayors are not obligated to conduct civil union ceremonies. Corzine said he is concerned some mayors will use the provision to refuse to unite gay couples.

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. Gov. Corzine Monday said he still has concerns.

Corzine said Monday he expected that review to be completed by Thursday. 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.

The bill also 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.

If the New Jersey Legislature would have passed marriage equality in the first place, the state wouldn't need to waste so much time and money "investigating" how civil unions fall short of marriage.

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New Jersey Civil Union Bill Passes Through Legislative Committee

Thursday, December 07, 2006

The discriminatory bill is 63 pages long all to avoid the one word that does the job - marriage.

At the conclusion of the New Jersey Assembly Judiciary Committee hearing today on Assembly Bill A3787, a civil union bill, the members voted to send the measure to the full Assembly for a floor vote.

Lambda Legal, the organization representing plaintiffs in a lawsuit which resulted in the New Jersey Supreme Court decision in October, called the measure discriminatory.

"If passed, this huge civil union bill will become one of the largest forms of statutory discrimination ever created by the New Jersey Legislature," said David Buckel, Marriage Project Director at Lambda Legal and lead attorney on the New Jersey marriage lawsuit. "The discriminatory bill is 63 pages all to avoid the one word that does the job--marriage."

"There can only be one reason for this bill, and that is to say that same-sex couples' relationships are unworthy of marriage. The Court gave the legislature 180 days to do it right-let's not rush and do it wrong," added Buckel.

In its October decision the New Jersey Supreme Court unanimously found that same-sex couples in New Jersey must have equal protection under the law and be granted the rights and responsibilities of marriage, but gave the legislature the opportunity to correct the violation. If the legislature chose civil unions over marriage, the Court left open the question of whether or not that choice would be constitutional, reasoning that the legislature should have the chance to explain its decision. The Court's deadline expires on April 23, 2007. Garden State Equality organized an array of constituents to provide testimony at today's hearing.

via Lambda Legal

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