Last December 10 the New Jersey Civil Union Review Commission issued its final report. This evaluation of the state’s civil union law came almost exactly two years after the act’s passage by the Legislature. Civil unions in the state became possible beginning in February of 2007. The legislature enacted the civil union law in response to the unanimous ruling by the state Supreme Court in Lewis v. Harris in October, 2006, which held that "unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution." The court was divided, however, on whether same-sex marriage was necessary or if something short of that would provide equal rights and the Legislature chose to provide for civil unions instead.

Vermont was the first state to approve civil unions, having done so in 2000. Connecticut and California (though called Domestic Partnership it has the characteristics of Civil Union) also had enacted statutes before New Jersey, though the highest courts in both states subsequently ruled that only marriage could provide equality. That marriage is the only way to ensure equality was also the conclusion of the New Jersey Bar Association when the Civil Unions law was enacted here, and was a reason why the governor appointed the Civil Union Review Commission.

The commission unanimously found that civil unions are not working and called for the Legislature and the governor to "expeditiously" enact a marriage equality law. At hearings, the commission discovered that many “civil unionized” couples still face obstacles in obtaining health care and pension coverage for their partners. The children of same-sex couples are stigmatized by the separate-but-equal status of their parents. And the state is losing hundreds of millions of dollars in revenue from marriage licenses, wedding business and related tourism.

An example is UPS, which provides insurance coverage to same-sex spouses in Massachusetts but refused to do the same for couples in civil unions in New Jersey, claiming that "the company's current union contract specifies that the benefits can only be extended to 'spouses,'”-- but that New Jersey's civil unions law doesn't specifically call civil union partners “spouses." UPS later changed its position but only after an intervention by Governor Corzine.

The governor responded to the report, saying, "While this administration is focused squarely on the economic crisis for the foreseeable future, it's clear that this issue of civil rights must be addressed sooner rather than later. I encourage the Legislature to seriously review the commission's report and, as I have said before, I will sign marriage equality legislation when it reaches my desk." However, as the New York Times said in an editorial in December:

We regret that the leaders of the state’s Democratic-controlled Legislature do not view this issue with the same urgency. Senate President Richard Codey, for instance, said recently that progress in civil rights areas “is typically achieved in incremental steps.” We suspect that political expedience is clouding Mr. Codey’s sense of fairness. Next year in New Jersey, the governorship and all seats in the Assembly are up for grabs in an election. Some Republicans already are talking about making their opposition to same-sex marriage a campaign issue. Governor Corzine typically takes the right side on important issues, but he has been known to retreat in the face of opposition. We hope that’s not the case here. It’s past time for him and for the Democrats in Trenton to find the political courage to extend the right to marry to gay couples.

Republican gubernatorial candidate Chris Christie has not made his position on same-sex marriage known. But his principal conservative opponent, Steve Lonegan, former mayor of Bogota, said he would defy state law by refusing to perform civil unions and has strongly opposed equality in marriage.

Interestingly, the only person to testify before the Civil Union Review Commission who said that “Not only is the Civil Union Act not broken, it appears to be working quite well.” was the spokesman for the New Jersey Roman Catholic Conference, Patrick Brannigan, who based his claim on the fact that only eight formal complaints had been lodged with the Division on Civil Rights -- and two of those were complaints about "a Methodist camp [sic] which refused access to a [sic] lesbian couple.” Where could that be?
Mr. Brannigan ignores the fact that the UPS couple, for example, went to the Governor’s office, not the Division on Civil Rights, and that others were reluctant to bring actions against their employers. Within three months of the law becoming effective, the Division of Civil Rights received at least 270 inquiries from “civil-unionized” couples denied benefits by employers or insurers, although few of these became formal complaints.

How do New Jerseyans feel about same-sex marriages? The polls are supportive. The most recent one, done last August by Zogby International, found 50% in favor and 42% opposed to same-sex marriage. The only poll which has found majority opposition to same-sex marriage in recent years in New Jersey was one by Scott Rasmussen, the president of the Ocean Grove Camp Meeting Association, which found that 54% of New Jersey voters believe marriage is defined as the union of a man and a woman only, while 42% of those surveyed said that marriage is the union of any two people.

If the Legislature approves same-sex marriage, New Jersey will be the third state to do so (not counting California which by Proposition 8 withdrew it), and the first to do without a court order. It will join numerous other jurisdictions which now enjoy equality in marriage including Canada, the Netherlands, Belgium, Spain and South Africa.

A sold out crowd of nearly 70 people enjoyed an evening of food, wine and cheese at the SeaGrass restaurant Friday, January 9th as Ocean Grove United continued their tradition started in 2008 of supporting local restaurants during the slower winter months.

The evening started with a cheese course provided by Susan Morris of Cheese on Main in Ocean Grove, paired with a wine course selected by Regina McDuffee of Whole Foods in Middletown. The appetizer and entrée courses also featured wine pairings. The evening was capped off by a fabulous dessert featuring chocolate covered strawberries and fresh fruit. SeaGrass hosts Janine and Kim outdid themselves with delicious and beautifully presented appetizer and entrée choices that people have come to expect since they took over their space on Main Ave. in Ocean Grove.

To add to the celebratory feeling of the evening, a toast was raised to Luisa Pastor and Harriet Bernstein, the couple who recently won the initial round of their complaint with the State of New Jersey Division on Civil Rights over being refused the use of the boardwalk pavilion foe their civil union in 2007. Representatives from the Human Rights Campaign’s headquarters in Washington, DC and their New York City field office were also on hand to join in the celebration.

OGU’s next restaurant event is brunch at the Starving Artist on January 25th. For a complete list of 2009 OGU sponsored restaurant events or to make a reservation for the January 25th event at Starving Artist, please visit the OGU website at oceangroveunited.org.