The US state of New Jersey is bringing issues between civil unions and marriage to the forefront of American thought.
According to an article in The New York Times from Feb. 20, “New Jersey’s civil union law creates a second-class status for same-sex couples,” and is becoming problematic for homosexuals in the military, transgender residents, the impoverished, and other minorities statewide.
These difficulties have been announced by a 12-member team consisting of lawyers and ministers who are advocates for gay rights, along with government officials “from agencies that provide benefits to couples.”
2,400 Civilly United Couples And Counting
Since NJ passed the law allowing civil unions for gay couples in the fall of 2006, almost 2,400 couples have taken advantage, obtaining civil unions that are not quite providing the same rights that heterosexual couples take for granted. One of the main dilemmas has to do with the fact that the public at-large does not view civil unions as synonymous with marriage, relegating couples united by civil union as second-class citizens in many ways, and not allowing their union to surpass state borders.
Don't Ask, Don't Tell = Silence
Taking the military as an example proves a double-edge sword for armed servicemen and women considering the Don’t Ask, Don’t Tell policy that is still in place. A man or woman who denotes being civilly united to a partner would most likely turn heads in the military, sending up red flags that he or she might be gay; if that same soldier marked the box for ‘marriage’ instead, fewer questions would be asked.
What About Transgendered Couples?
Matters become even more complicated for individuals who have or will undergo sex-reassignment surgery; “some wondered if their marriages would be null and they would have to get civil unions instead,” noted the article. In other states, however, this has not been a problem.
In Maine, for instance, well-known Colby English Professor Jennifer Finney Boylan underwent the surgery several years ago while married to his wife, Grace. She published the book She’s Not There in 2003, revealing a roller-coaster ride from one gender into another. Her 2008 publication, I’m Looking Through You, provides a deeper look into Jenny’s childhood and her transformation from the boy she was born as, into the proud woman she is today and was always meant to be. Even though Jenny is a full-fledged woman now, she is still legally married to Grace in Maine.
Same-Sex Marriage To Come?
Luckily, New Jersey Governor Jon S. Corzine has announced that a bill for same-sex marriage is in the works, though it won’t be signed this year seeing as a presidential election is taking place in November. Corzine is personally concerned “‘about whether the law has effectively granted same-sex couples the same rights and benefits of every other family in the state,’” he announced when interviewed by the Times. Equality-minded officials like Corzine provide hope for the millions of LGBT Americans who aspire to wed their life partners at some point in the future.
Despite issues with civil unions in New Jersey, the state remains one of the small handful providing such rights to their homosexual constituents. Presently, only three other states allow civil unions: Vermont (2000), Connecticut (2005) and New Hampshire (as of January 2008) according to FreedomToMarry.org. Domestic Partnerships are allowed in California and Oregon, but they remain fraught with differences between zip codes, the inability to travel out of state and remain recognized as partners, and some places offer no rights, only a recognition of commitment between partners. Hawaii remains the only state to provide reciprocal benefits as of 1997, allowing only select protections to same-sex couples, including medical visitation and property rights.
Although the steps being taken are few and far between, each aforementioned state provides hope that the rest of the nation will follow some day soon.
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