New Jersey LGBT Laws

On 19 March 2015, the Assembly Human Services Committee approved Bill A2648 (the “New Jersey Gestational Carrier Act”) that would enable couples to enter into a protective legal agreement with a gestational surrogate – having no biological link to the foetus because the egg belongs to another woman – and willing to bear their child. The Bill now moves to the full 80-member Assembly. On 05 February, the identical bill S866 passed the Senate 21-13 [R1.1].

On 23 December 2009, Superior Court Judge Francis Schultz ruled Angelia Robinson, who bore twins conceived in a lab using eggs from an anonymous donor and sperm from Sean Hollingsworth, the husband of Robinson’s brother, Donald Robinson Hollingsworth, is the legal mother, despite not being genetically related to the children [C2.3], [R2.2].

On 11 March 2003, Family Court Judge James A. Farber ruled that both women in a lesbian couple can be listed as parents on the birth certificate of the baby [R2.1].

One woman was carrying the child, and her partner provided the egg. The women will share a financial obligation to the child, and if one parent dies, the other will have custody.

On 05 February 2016, it was reported that Ocean County Superior Court Judge Stephanie Wauters ordered 24 August 2015 that the child O.S.H. the offspring of a man D.G., in a same-sex marriage to S.H., and a woman K.S. who had long been friends with both spouses, have joint residential custody, finding that arrangement to be in the child’s best interests. The Court also ruled that though [S.H’s] surname is on the child’s birth certificate as the child’s own, this is not dispositive of the legal parentage he had sought [C1.8], [R1.7].

On 06 August 2014, the Superior Court, Appellate Division ruled that a same-sex stepparent who has raised a child from a young age can seek custody or visitation with the child if it is in child’s best interests, finding a stepparent who is a psychological parent must be allowed to seek custody or visitation even where there are two fit parents [C1.6], [R1.5].

On 09 August 2012, Superior Court Judge Mary Thurber allowed gay father Anthony Galde and his son to move to Georgia over the objections of Richard Rinko, the boy’s other father, who contends his parental rights will be jeopardized by the move to a state that does not recognize same-sex adoptions [R1.4].

On 13 December 2011, Hudson County Superior Court judge Francis Schultz ruled in favor of SH the biological father in a gay relationship with D.R.H., in a contentious custody battle over 5-year-old twin girls and against the surrogate mother, finding the couple had provided a stable environment for the children and, in the best interests of the children, should be granted full custody, with parenting time allowed the surrogate mother [C1.3], [R1.2].

On 23 December 2009, Superior Court Judge Francis Schultz ruled Angelia Robinson, who bore twins conceived in a lab using eggs from an anonymous donor and sperm from Sean Hollingsworth, the husband of Robinson’s brother, Donald Robinson Hollingsworth, is the legal mother, despite not being genetically related to the children [R1.1].

On 22 June 2018, Governor Phil Murphy signed into law Bill A3091 that bars the state from issuing marriage or civil union licenses to anyone under 18, regardless of parental or judicial consent [R1.8].

On 09 November 2015, Governor Chris Christie signed Assembly Bill 3636 into law, amending section 22 of ‘The Evidence Act, 1960’ and removing the legal protection previously given to communications between partners and spouses when those conversations involve planning a crime [D1.7], [R1.6].

Starting 01 July 2004, New Jersey’s new domestic partnership law (Domestic Partnership Benefits and Obligations Act) takes effect, giving gay couples the right to hospital visitations, make medical decisions for each other and to file joint state tax returns [R1.5].

In 2007, the law was expanded offering registered same-sex partners most or all rights of marriage [C1.4] [R1.4].

To obtain domestic partnership benefits, same-sex couples would have to show they live together and provide proof of joint financial or property ownership. They could also name a partner as a beneficiary in a will or retirement plan.

Same-sex partnerships granted in other states will be honored by New Jersey. The law will also provide legal benefits for unmarried heterosexual couples over age 62.

Couples will be able to register for partnership status at any municipal office in the state. To end a partnership, a divorce-like proceeding in the Superior Court is required.

Previously

In December 2003, two Assembly panels approved the legislation to extend the benefits [R1.3].

In October 2002, Assemblywoman Loretta Weinberg (D-Bergen) proposed to introduce a Bill that would, if passed, sanction virtually all of the legal benefits that marriage allows [R1.2].

Gov. McGreevey supported legislation that would provide domestic partner benefits and protections [R1.2].

In January 2008, a study designed to assess the effectiveness of the civil union law in New Jersey found that many companies in the state that are self-insured and regulated by federal laws, refused to provide health insurance to their employee’s same-sex partners. They also found that same-sex couples in Massachusetts, the only US state that allows same-sex marriage, did not suffer the same discrimination [R1.1].

Gloucester County is believed to offer non-health benefits [R2.1].

In November 2016, Judge William Anklowitz in the Superior Court of New Jersey dismissed same-sex partner Valaria Benning from a civil suit claiming damages for emotional distress suffered as a result of the death of her unmarried partner I’Asia Moreland’s biological child I’Maya Moreland in a road traffic accident, ruling she was not in the ”intimate, familial relationship” required to make a Portee v. Jaffee claim. The decision to grant summary judgment is on appeal [C3.11], [R3.10].

On 11 May 2016, Judge Patrick DeAlmeida in the New Jersey Tax Court ruled that Rucksapol Jiwungkul Maurice R. Connolly, Jr., being registered as a same-sex domestic partners under New Jersey’s Domestic Partnership Act (DPA), doesn’t qualify the surviving partner Jiwungkul to be treated as a spouse for estate tax purposes, and the couple failed to take advantage of other options that would have afforded tax relief [C3.9], [R3.8].

On 20 January 2015, the opinion of Superior Court Judge L.R. Jones was released in which he concluded that under the most reasonable interpretation of existing statutory law, the Court had the authority to dissolve the civil union of Lacey Groh and Rachel Groh on the basis of “irreconcilable differences” even though N.J.S.A. 2A:34:2.1 did not explicitly include irreconcilable differences as a legal ground for such dissolution [C3.7], [R3.6].

On 10 May 2010, Garden State Equality, the American Academy of Pediatrics, the National Association of Social Workers, the Family Equality Council, COLAGE, and Parents, Families, and Friends of Lesbians and Gays, filed a brief in support of the motion Lambda Legal filed in March seeking marriage equality [C3.5] [R3.5].

In July 2009, the 3rd U.S. circuit court of appeals in Philadelphia said the lower court rightly dismissed the suit filed by the Ocean Grove Camp Meeting Association, which tried to stop same-sex unions on its pavilion. However, the appeals court directed the district court to make a broader ruling on whether the meeting association and Methodist Church, which owns the pavilion and all of the property in Ocean Grove, can legally ban the unions [R3.4].

In December 2008, a judge ruled that barring a lesbian couple from holding a civil ceremony on the property of a church group was in violation of the public accommodation provisions of the states anti-discrimination laws [R3.3].

On 10 January 2008, a same-sex couple sought dissolution of their domestic partnership “on the grounds of irreconcilable differences” in the New Jersey Superior Court, Family Division. The court ordered the dissolution and divided the couple’s property. The court said it was applying “old principles to new situations” and suggested “the terminology needs to be redefined, or if not redefined, then perhaps defined in the old sense, and applied to these parties. And perhaps, to that extent, both the Courts and the legislature will catch up to us at some point” [R3.2].

In October 2006, the New Jersey Supreme Court held that denying rights and benefits to committed same-sex couples that are statutorily given to their heterosexual counterparts violates the equal protection guarantee of Article I, Paragraph 1 [C3.1].

In April 2010, US district court Judge Joel Pisano ruled that stating someone is gay, regardless of whether the person is, cannot be considered slanderous [R1.1].

The Judge said that because a 2006 case that said civil unions would be treated equally to marriages, “it appears unlikely that the New Jersey Supreme Court would legitimize discrimination against gays and lesbians by concluding that referring to someone as homosexual ‘tends to so harm the reputation of that person as to lower him in the estimation of the community as to deter third persons from associating or dealing with him'” [R1.1].

On 24 April 2018, Governor Phil Murphy signed the ”Diane B Allen Equal Pay Act”, an historic and sweeping equal pay law making it unlawful for an employer to pay any employees who are members of protected classes that includes sex, marital, civil union or domestic partnership status, affectional or sexual orientation, gender identity or expression at a lower compensation than other employees who are not members of a protected class, for ”substantially similar work” [R1.3].

In June 2001, New Jersey became the fifth State to include sexual orientation in its anti-discrimination law [R1.2].

In 1992, discrimination in employment based on sexual orientation became unlawful and on the basis of gender identity in 2007 [R1.1].

On 27 April 2017, the Superior Court of New Jersey, Appellate Division found that the ”hostile environment” allegations against the Jersey City Police Department officers who made demeaning, insulting and threatening comments about the F2M transgender status of Shakeem Malik Holmes contrary to the Law Against Discrimination could be sustained, reversing the dismissal order and remanding the matter for trial [C2.14], [R2.13].

On 02 March 2017, the Northern New Jersey Council of the Boy Scouts reportedly made the agreement after Joe Maldonado’s mother, Kristie, filed a complaint with the state Division on Civil Rights for refusing Joe membership to a Cub Scout pack in Secaucus because he was born a girl. The council also agreed to change its policies in accordance with state laws prohibiting discrimination. Joe has been accepted by a Maplewood Cub Scout pack [R2.12].

On 05 January 2017, Lambda Legal filed a federal lawsuit against St. Joseph’s Healthcare in Paterson, New Jersey, after the hospital refused to allow Jionni Conforti’s surgeon to perform a routine hysterectomy because Jionni is transgender, contrary to the New Jersey Law Against Discrimination, which clearly prohibits discrimination because of sex and gender identity, and Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of sex [C2.11], [R2.10].

On 15 December 2016, it was reported that the Appeals Court denied a motion by Paramus Catholic High School and the Archdiocese of Newark to dismiss a discrimination suit brought against them by Kathryn Drumgoole (see below) [R2.9].

On 21 October 2016, Judge Lisa Perez Friscia in the Superior Court denied a second attempt by Paramus Catholic High School and the Archdiocese of Newark to dismiss a lawsuit filed by former employee Kathryn Drumgoole alleging wrongful termination of employment when it bcame known she was in a same-sex marriage [R2.8].

On 22 August 2016, Judge Lisa Perez Friscia in the Superior Court denied the motion of the defendants Paramas Catholic High School and others seeking summary judgment in the claim alleging wrongful termination of employment filed by Kathryn Drumgoole on the grounds of violating the code of ethics by entering a same-sex marriage [C2.7], [C2.6], [R2.5].

On 22 October 2012, Director Craig Sashihara in the New Jersey Division on Civil Rights found that the Ocean Grove Camp Meeting Association discriminated against Harriet Bernstein and Luisa Pastor by refusing the couple use of its boardwalk pavilion for a 2007 civil union ceremony [C2.4], [R2.3].

On 12 January 2012, Administrative Law Judge Solomon Metzger ruled the decision made by the Ocean Grove Camp Meeting Association in refusing to allow a same-sex ceremony on its property in 2007 violated New Jersey’s discrimination laws [R2.2].

In May 2005, Superior Court Judge, James S Rothschild Jr ruled that a lesbian couple can sue the employer of one of the women for creating a work environment so hostile it ruined the couple’s sex life, saying that domestic partners should be treated in the same way as married couples, and that the couple should be allowed to pursue their claim through the court system [R2.1].

On 19 February 2019, Governor Phil Murphy reportedly signed Bill A-3975 doubling paid family leave from six to twelve weeks and expanding the definition of family under the new law from spouses, children, parents, parents-in-law and domestic partners to also include grandparents and grandchildren. The measure also increases the amount of the benefit from two-thirds of pay to 85 percent of pay, though it caps the amount. The most recent estimates show the benefit would go to $859 per week, up from $632 [R1.2].

On 02 May 2018, Governor Phil Murphy signed the New Jersey Paid Sick Leave Act into law. The law goes into effect on 29 October mandating paid sick leave for full and part-time workers. Earned sick leave may be used for the employee’s own health condition and time off for preventative medical care, and to take care of or coordinate preventative medical care for family members. The term ”family member” is defined broadly to include (amongst aothers) the employee’s child, sibling, spouse, domestic or civil union partner, sibling of the employee’s spouse, domestic or civil union partner, and ”any other individual related by blood to the employee or whose close association with the employee is equivalent of a family relationship” [R1.1]

On 14 October 2016, Governor Christie signed into law new legislation that repeals the New Jersey estate tax for those dying on or after 01 January 2018, and increases the estate tax exemption to $2 million for those dying between 01 January 2017 and 31 December 2017. The inheritance tax in New Jersey will continue in force following the 01 January 2018 effective date of the estate tax repeal. For residents of New Jersey with assets, federal death tax planning and an up-to-date Will continue to be important tools [R1.3].

On 28 June 2013, Gov. Chris Christie signed revisions to the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act into law that makes it more difficult to revise a prenup should a couple later decide to divorce. The definition of “unconscionable” has been narrowed and the terms of the contract must have been unconscionable when the agreement was signed for it to be overturned at a divorce. If both parties understood the terms and agreed, the contract would be valid and could not be invalidated, even for later hardships [L1.2], [R1.1].

On 30 May 2017, the Appellate Division of the Superior Court of New Jersey affirmed the 2016 ruling of Judge DeAlmeida in Estate of Maurice R Connelly, Jr v. Director, Division of Taxation (see below) [C2.4].

On 11 May 2016, Judge Patrick DeAlmeida in the New Jersey Tax Court ruled that Rucksapol Jiwungkul Maurice R. Connolly, Jr., being registered as a same-sex domestic partners under New Jersey’s Domestic Partnership Act (DPA), doesn’t qualify the surviving partner Jiwungkul to be treated as a spouse for estate tax purposes, and the couple failed to take advantage of other options that would have afforded tax relief [C2.3], [R2.2].

On 14 June 2011, in a per curiam decision by Judges Axelrad and Harris, the Appellate Division of the Superior Court of New Jersey held that the sister of a woman who died intestate did not act fraudulently or in bad faith when she failed to disclose the existence of additional assets to her sister’s surviving domestic partner. In the Matter of the Estate of Fischer, 2011 WL 2314353 (June 14, 2011) (unpublished opinion) [R2.1].

On 31 January 2019, Governor Phil Murphy reportedly signed Assembly Bill A1335 (Senate Bill S1569) into law. The Bill, modeled after a similar law that passed in California in 2011, requires public schools boards of education to adopt instruction that accurately portrays ”the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people, where appropriate”. The law does not apply to private schools [R1.11].

On 06 January 2019, it was reported that transgender birth certificates will be available starting in February. Those who change their gender to male, female or “undesignated/non-binary” will have to pay $6 for a new certificate to replace their original one. The original certificate will be sealed. Gender identity may also reflected on their death certificates – even without a sex reassignment procedure [R1.10]. (See also R1.8 below).

On 14 September 2018, the Department of Education issued new guidance telling school districts they must allow kids to change genders — even if their parents don’t know about or don’t want it to happen, noting ”There is no affirmative duty for any school district personnel to notify a student’s parent or guardian of the student’s gender identity or expression” [D1.9].

On 03 July 2018, Governor Phil Murphy signed SB478 and SB493, to allow birth and death certificates for transgender residents to be amended to reflect their gender identity. People may identify themselves as female, male or undesignated without undergoing gender confirmation surgery or obtaining proof from their doctor to update their birth certificate. SB705, establishes the Transgender Equality Task Force, which will ensure that protections are put in place for the trans community and oversee those efforts [R1.8].

On 21 July 2017, Gov. Chris Christie on Friday signed Senate Bill S3067 (companion Bill A4652) that requires the commissioner of education to provide districts with guidelines for policies dealing with usage of restrooms that correspond to students’ expressed gender identity, identifying students by their preferred pronouns and letting students dress according to their gender identity, among other issues [R1.7].

On 21 July 2017, Governor Chris Christie signed Assembly Bill A4568 into law prohibiting state-licensed hospitals, health providers, health insurers, and Medicaid from refusing service to an individual because they are transgender [R1.7].

On 29 June 2017, the legislature passed Assembly Bill A4652 that expressly provides that public schools are not allowed to force transgender students to use bathrooms and locker rooms that conflict with their gender identity. Instead, schools would be mandated to provide ”reasonable alternative arrangements”. School are also required to ensure that transgender students are addressed at school by the name and pronoun they prefer, regardless of whether a legal name change has occurred. The Bill has been sent to Governor Chris Christie [R1.6].

On 17 December 2015, the Senate suspended a vote after falling one vote short of the necessary 27 to override Governor Chris Christie’s veto of the Birth Certificate Modernization Bill (S1195) that would allow transgendered people to amend their birth certificates without proof that they had undergone a sex-change operation [R1.5].

On 10 August 2015, Governor Christie vetoed the Birth Certificate Modernization Bill (S1195) that would allow transgendered people to amend their birth certificates without proof that they had undergone a sex-change operation [R1.4].

On 13 January 2014, Governor Chris Christie vetoed a bill that would have allowed transgender citizens to obtain a new birth certificate to reflect their gender identity without surgical requirements. Being an absolute veto, a two-thirds vote will now be required to override the governor’s veto in order for the measure to become law ­ 27 votes in the Senate and 54 votes in the general assembly [R1.3].

On 19 December 2013, the Senate passed Bill A4097 (S2786) by a vote of 21-11. If signed into law by Governor Christie, the often-difficult and cost-prohibitive process of updating identification documents will be made easier for transgender individuals [R1.2].

On 12 December 2013, the Senate Health, Human Services and Senior Citizens Committee approved 6-2, with 1 abstention, Bill A4097/S2786 which would allow the state’s health department to issue new birth certificates to intersex or trans people who have not undergone gender reassignment surgery. The Bill was referred to the Senate Budget and Appropriations Committee. It must still be approved by the full Senate before it becomes law [R1.1].

On 31 October 2017, it was reported that the New Jersey Supreme Court refused to hear an appeal of the 27 April 2017 Superior Court ruling reinstating the Shakeem Malik Holmes v. Jersey City Police Department alleging Holmes was subjected to ”demeaning, insulting and threatening comments” because he is a transgender man [R2.7].

On 28 June 2017, Middlesex County Superior Court Judge Marcia Silva granted the motion to change a F2M transgender teen’s name from Veronica Betts to Trevor Adam Betts, saying the move is in his ”best interest” because it matches his gender identity [C2.6], [R2.5].

On 27 April 2017, the Superior Court of New Jersey, Appellate Division found that the ”hostile environment” allegations against the Jersey City Police Department officers who made demeaning, insulting and threatening comments about the F2M transgender status of Shakeem Malik Holmes contrary to the Law Against Discrimination could be sustained, reversing the dismissal order and remanding the matter for trial [C2.4], [R2.3].

On 02 March 2017, the Northern New Jersey Council of the Boy Scouts reportedly made the agreement after Joe Maldonado’s mother, Kristie, filed a complaint with the state Division on Civil Rights for refusing Joe membership to a Cub Scout pack in Secaucus because he was born a girl. The council also agreed to change its policies in accordance with state laws prohibiting discrimination. Joe has been accepted by a Maplewood Cub Scout pack [R2.2].

In 1976, the Superior Court was willing to give legal effect to a male-to-female transsexual ‘sex-change operation’ finding that the ” … Plaintiff has become physically and psychologically unified and fully capable of sexual activity consistent with her reconciled sexu la ttributes of gender and anatomy. Consequently, plaintiff should be considered a member of the female sex for marital purposes” [C2.1].

On 26 December 2014, Assemblyman Tim Eustace was reported to have introduced Bill A4083 that would if it became law, prohibit the so called “gay panic” defense from being used to escape murder charges [R1.2].

In 1990, New Jersey introduced laws making hate crimes based on sexual orientation considered an aggravating circumstance [R1.1]

On 19 February 2019, Governor Phil Murphy reportedly signed Bill A-3975 doubling paid family leave from six to twelve weeks and expanding the definition of family under the new law from spouses, children, parents, parents-in-law and domestic partners to also include grandparents and grandchildren. The measure also increases the amount of the benefit from two-thirds of pay to 85 percent of pay, though it caps the amount. The most recent estimates show the benefit would go to $859 per week, up from $632 [R1.8].

On 02 May 2018, Governor Phil Murphy signed the New Jersey Paid Sick Leave Act into law. The law goes into effect on 29 October mandating paid sick leave for full and part-time workers. Earned sick leave may be used for the employee’s own health condition and time off for preventative medical care, and to take care of or coordinate preventative medical care for family members. The term ”family member” is defined broadly to include (amongst aothers) the employee’s child, sibling, spouse, domestic or civil union partner, sibling of the employee’s spouse, domestic or civil union partner, and ”any other individual related by blood to the employee or whose close association with the employee is equivalent of a family relationship” [R1.7]

On 21 July 2017, Governor Chris Christie signed Assembly Bill A4568 into law prohibiting state-licensed hospitals, health providers, health insurers, and Medicaid from refusing service to an individual because they are transgender [R1.6].

On 19 August 2013, Governor Chris Christie signed into law Assembly Bill A3371, banning gay conversion therapy for those under 18 years of age and becoming the second state to do so [R1.5].

On 27 June 2013, the state Senate passed bill S2278 28-9 to ban licensed therapists from trying to convert gay minors into heterosexuals. Previously adopted by the Assembly [A3371], the Bill now goes to the Governor for signature [L1.4], [R1.3].

On 13 June 2013, the Assembly Women and Children Committee unanimously approved legislation that would ban licensed therapists from practicing scientifically discredited, so-called conversion therapy that aims to change a person’s sexual orientation from gay to straight. The Bill now awaits a vote by the full Assembly and Senate [R1.2].

On 18 March 2013, the Senate Health, Human Services and Senior Citizens Committee passed 7–1 with 2 abstentions, Bill S2278 that “protects minors by prohibiting counseling attempts to change sexual orientation” [R1.1]

On 13 September 2016, the Morristown Town Council passed a mandatory paid sick leave ordinance (O-35-2016: the ”Morristown Ordinance”). Employees may use accrued paid sick time for their or their family member’s mental or physical illness, injury or health condition, or need for preventive care and in other circumstances. Family member includes an employee’s child, spouse, domestic partner, or civil union partner and other immediate family members. The ordinance became effective on 04 October 2016 [L2.4], [R2.3].

On 15 July 2016, Plainfield adopted Ordinance MC 2016-08 requiring employers that employ 10 or more employees to provide those employees with up to 40 hours of paid sick time per year. Employers of fewer than 10 employees must provide up to 24 hours of paid sick time per year to such employees. Childcare workers, home health care workers, and food service workers are entitled to up to 40 hours of paid sick time regardless of the number of employees employed by their employers. The ordinance became effective on 15 July 2016 [R2.2].

.On 22 September 2015, Mayor Steve Fulop announced that Jersey City is expanding the health care it offers city workers to include coverage for transgender medical care and related procedures, including gender reassignment surgery [R2.1].

On 05 January 2017, Lambda Legal filed a federal lawsuit against St. Joseph’s Healthcare in Paterson, New Jersey, after the hospital refused to allow Jionni Conforti’s surgeon to perform a routine hysterectomy because Jionni is transgender, contrary to the New Jersey Law Against Discrimination, which clearly prohibits discrimination because of sex and gender identity, and Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of sex [C3.20], [R3.19].

On 13 June 2016, the Court of Appeal for the Third Circuit rejected John Sacchi’s attempt to receive health insurance coverage through his husband’s employer-sponsored plan on the grounds that he had no standing to bring a lawsuit under the Employee Retirement Income Security Act because he wasn’t a beneficiary or participant in his husband Stephen J Simoni’s health plan [C3.18], [R3.17].

On 29 February 2016, the US Supreme Court denied certiorari (declined to hear) ‘Doe, John, et al. v. Christie, Gov of NJ, et al.’ challenging the constitutionality of the New Jersey state ban on widely discredited ”ex-gay” conversion therapy for minors [C3.16], [R3.15].

On 18 December 2015, US District Judge Superior Court Judge Peter Bariso ordered Jersey City-based JONAH to cease all operations within 30 days and barred it from “engaging, whether directly or through referrals, in any therapy, counseling, treatment or activity that has the goal of changing, affecting or influencing sexual orientation, ‘same sex attraction’ or ‘gender wholeness’” and awarded attorneys’ fees and expenses to the plaintiffs’ lawyers in accordance with a settlement agreement [C3.14], [R3.13].

On 25 June 2015, before New Jersey Superior Court Judge Peter F. Bariso, a seven member jury found that the prominent group Jews Offering New Alternatives for Healing (JONAH) offering gay “conversion or reparitive therapy” violated the state’s Consumer Fraud Act by claiming it could help men overcome unwanted homosexual urges. The plaintiffs were ordered to pay $72,400 to compensate the five plaintiffs, plus lawyers’ fees [R2.12]. See also [C3.7], [R3.6].

On 04 May 2015, the US Supreme Court Court denied a review of King v. Christie challenging New Jersey’s ban on so-called LGBT “conversion therapy” for minors. The law banning the therapy was upheld by the Third Circuit Court of Appeals and remains the law in the State [C3.11], [R3.10].

On 13 April 2015, the US Court of Appeals for the Third Circuit (JJ Smith, Vanaskie, Sloviter) in John Doe v. Governor of New Jersey unanimously upheld a July 2014 ruling by U.S. District Judge Freda Wolfson. The Court ruled that the conversion therapy ban did not infringe the First Amendment rights of minors and their parents to receive information and exercise religion, or the rights of parents to decide how to raise their children. The law was upheld 11 September by the same 3rd Circuit panel after counselors claimed it violated their free speech rights [C3.9], [R3.8].

On 10 February 2015, Superior Court Judge Peter F Bariso ruled that it “is a misrepresentation in violation of [New Jersey Consumer Fraud Act], in advertising or selling conversion therapy services, to describe homosexuality, not as being a normal variation of human sexuality, but as being a mental illness, disease, disorder, or equivalent thereof” [C3.7], [R3.6].

On 11 September 2014, the US Court of Appeals for the Third Circuit upheld a District Court ruling that banning the use of “sexual orientation change efforts” therapy on minors is appropriate, finding that the law is an appropriate regulation of mental health professionals and does not interfere with freedom of speech or religious expression [C3.5], [R3.4].

On 31 July 2014, for the second time Judge Freda Wolfson in the US District Court rejected the claims of a New Jersey couple who said their constitutional rights were being violated because the law prevents them from seeking treatment for their 15-year-old son [C3.3], [R3.2].

On 08 November 2013, Judge Freda Wolfson in the United States District Court for the District of New Jersey ruled that the New Jersey law prohibiting licensed therapists from attempting to change the sexual orientation or gender identity or expression of a patient under 18 years old was lawful and did not restrict speech nor religious expression [R3.1].

In the 1980s, sodomy was decriminalised [R1.2].

On 31 January 2019, Governor Phil Murphy reportedly signed Assembly Bill A1335 (Senate Bill S1569) into law. The Bill, modeled after a similar law that passed in California in 2011, requires public schools boards of education to adopt instruction that accurately portrays ”the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people, where appropriate”. The law does not apply to private schools [R1.1].

On 31 May 2017, it was reported that proposed Ordinance 2492 would amend Chaper III, Section 8.3 of the Code by removing the words ‘homosexuality’ and ‘lesbiansim’ from the definitions applicable in the regulation of the Communication, Material, Offensive Nakedness, Performance, and Sexual Conduct provisions, the words referring to sexual orientation as distinct from specific acts. A public hearing and vote for Ordinance 2492 was scheduled for the 01 June Mayor and Council meeting in Borough Hall at 7 p.m.

On 22 June 2018, Governor Phil Murphy signed into law Bill A3091 that bars the state from issuing marriage or civil union licenses to anyone under 18, regardless of parental or judicial consent [R1.12].

On 21 November 2016, the Assembly approved Bill A3091 that would prohibit the issuance of marriage or civil union licenses to all persons under the age of 18, regardless of parental or judicial consent. Identical Bill Number S2528 has yet to be passed by the Senate [R1.11].

On 09 November 2015, Governor Chris Christie signed Assembly Bill 3636 into law, amending section 22 of ‘The Evidence Act, 1960’ and removing the legal protection previously given to communications between partners and spouses when those conversations involve planning a crime [D1.10], [R1.9].

On 16 January 2014, Bill A2031 was introduced and referred to the Assembly Judiciary Committee. The Bill if passed into law would recognise same-sex marriages entered into outside the State [R1.8].

On 01 November 2013, it was reported that gay couples have more rights under the Superior Court ruling in Garden State Equality et al v. Paula Dow et al (on 10 October 2013) than they would under the bill (S1) that Democrats passed in 2012. Were the legislature to override the Governor’s veto, certain rights that currently exist under the ruling would be taken away. Doing nothing is an attractive option being considered by some [R1.7].

On 21 October 2013, Governor Chris Christie withdrew his New Jersey Supreme Court challenge to same-sex marriage in New Jersey. New Jersey becomes the 14th US state to legalize same-sex marriage [D2.20], [R2.19].

On 18 October 2013, the Supreme Court of New Jersey unanimously held that gay marriages can go forward starting on Monday 21 October, denying the state’s request to put them on hold while its appeal is considered [C2.18], [R2.17].

On 16 February 2012, the Assembly passed the (Marriage Equality and Religious Exemption Act) allowing same-sex nuptials by a 42–33 vote [R1.6]. On 17 February 2012, Governor Chris Christie vetoed the Bill, advocating putting the issue to a referendum. It would take two-thirds of both chambers of the Legislature to override Christie’s avowed veto by the time the current legislative session ends in January 2014 [R1.5].

On 13 February 2012, the Senate bill to recognize same-sex marriages passed 24–16 [R1.4].

On 24 January 2012, Republican Gov. Chris Christie said he’d veto a gay marriage bill advancing in the Legislature and instead wants same-sex unions put to a referendum [R1.3].

On 07 January 2010, Senate voted 14 to 20, failing to gather enough votes to advance a same-sex marriage bill [R1.2]

On 07 December 2009, the Senate Judiciary Committee voted 7 to 6 to pass The Freedom of Religion and Equality in Civil Marriage bill. The Bill moved to the full Senate for a vote however, an early Senate vote seemed unlikely [R1.1].

On 21 October 2013, Governor Chris Christie withdrew his New Jersey Supreme Court challenge to same-sex marriage in New Jersey. New Jersey is the 14th US state to legalize same-sex marriage [D2.20], [R2.19].

On 18 October 2013, the Supreme Court of New Jersey unanimously held that gay marriages can go forward starting on Monday 21 October, denying the state’s request to put them on hold while its appeal is considered [C2.18], [R2.17].

On 11 October 2013, the State Supreme Court announced it would hear Gov. Chris Christie’s ’emergency appeal’ of a ruling – that same-sex marriages should begin October 21 – in January and may stay the lower Court’s ruling before then [C2.16], [R2/15].

On 10 October 2013, Judge Mary Jacobson refused to stay her 27 September order that that the state must allow gay marriages, ruling that “Granting a stay would simply allow the state to continue to violate the equal protection rights of New Jersey same-sex couples, which can hardly be considered a public interest” [R2.14].

On 30 September 2013, Governor Chris Christie’s administration filed an appeal against a judge’s ruling in Garden State Equality et. al. v. Paula Dow et. al. that the state must allow gay marriages to proceed [C2.13], [R2.12].

On 27 September 2013, Judge Mary Jacobson of the Mercer County Superior Court ruled that beginning 21 October, same-sex couples can marry in the Garden State. She cited the U.S. Supreme Court’s 26 June ruling in United States v. Windsor as the basis for her decision [C2.11], [R2.10].

On 15 August 2013, New Jersey judge Mary Jacobson said her decision in the Garden State Equality & Ors v. Gow & Ors case on whether the state is constitutionally required to legalize gay marriage will be delivered as early as September, hindering gay couples who had hoped for an immediate ruling [R2.9].

On 04 November 2011, Mercer County Assignment Judge Linda Feinberg ruled the case Garden State Equality & Ors v. Gow & Ors could proceed but dismissed three counts in the Complaint, leaving the count claiming that the civil union law does not give same-sex couples equal protection [C2.8] [R2.7].

In July 2010, Supreme Court refused to hear a case on gay marriage, telling supporters to pursue it through the lower courts. Chief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens said that the issue “cannot be decided without the development of an appropriate trial-like record” [R2.6].

On 18 March 2010, the gay couples who sued New Jersey for the right to marry once before reportedly filed a motion claiming the state continues to discriminate against them even though it offers civil unions to same-sex couples [R2.5].

In October 2006, the Supreme Court found that denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose [C2.4] [R2.4].

The Court held that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to the statutory scheme that provides full rights and benefits to same-sex couples, whether marriage or some other term, is a matter left to the democratic process [C2.4].

Previously;

In June 2005, a state appeals panel ruled that marriage rights for same-sex couples are not protected by New Jersey’s constitution and will not be recognized in the Garden State unless legislators change the law. The issue then went to the state supreme court because proponents of same-sex marriage planned to appeal the 2-1 decision, and the high court must accept cases from split appellate panels [R2.3].

In November 2003, in the first instance, Judge Linda Feinberg ruled that the state’s laws against same-sex “marriage” do not violate the New Jersey constitution [R2.2].

In June 2002, Lambda Legal filed the lawsuit on behalf of seven gay couples denied marriage licenses [R2.1].

Lambda argued that the denials violate the state Constitution’s equal protection clause by excluding the couples from benefits associated with legal marriage, including health insurance benefits and spousal inheritance rights.

The state’s adoption law allows gay couples to jointly adopt using the same process as married couples [R2.2].

Second-parent adoption is also lawful in New Jersey [R1.1].

On 05 February 2016, it was reported that Ocean County Superior Court Judge Stephanie Wauters ordered 24 August 2015 that the child O.S.H. the offspring of a man D.G., in a same-sex marriage to S.H., and a woman K.S. who had long been friends with both spouses, have joint residential custody, finding that arrangement to be in the child’s best interests. The Court also ruled that though [S.H’s] surname is on the child’s birth certificate as the child’s own, this is not dispositive of the legal parentage he had sought [C2.7], [R2.6].

On 09 August 2012, Superior Court Judge Mary Thurber allowed gay father Anthony Galde and his son to move to Georgia over the objections of Richard Rinko, the boy’s other father, who contends his parental rights will be jeopardized by the move to a state that does not recognize same-sex adoptions [R2.5].

On 23 December 2009, Superior Court Judge Francis Schultz ruled Angelia Robinson, who bore twins conceived in a lab using eggs from an anonymous donor and sperm from Sean Hollingsworth, the husband of Robinson’s brother, Donald Robinson Hollingsworth, is the legal mother, despite not being genetically related to the children [R2.4].

On 17 December 1997, a “landmark” class-action settlement was approved by the Court, allowing gay and unmarried couples in New Jersey the right to jointly adopt children [R2.2].

On 22 October 1997, Superior Court Judge Sybil R. Moses approved a petition for joint adoption by a gay couple from Bergen County, Jon Holden and Michael Galluccio, permitting the Maywood men to jointly adopt their 2-year-old foster child [C2.3] [R2.2].

In 1995, Judge Sylvia B. Pressler extended the legal rights of gay couples in a ruling that allowed a woman to adopt her partner’s 3-year-old twins writing, “They function together as a family. The twins are, by reason of upbringing, daily lives and ties of mutual affection, the children of both Mary and Hannah, and no court order granting or denying the adoption will change that” [R2.1].

In November 2001, the 3rd Circuit U.S. Court of Appeals in Philadelphia declared that people have a constitutional right to protect the privacy of their sexual orientation [R1].

The 3rd Circuit’s ruling carries legal authority in Pennsylvania, New Jersey, Delaware and the Virgin Islands, the areas covered by the court [R1].

On 30 May 2017, the Appellate Division of the Superior Court of New Jersey affirmed the 2016 ruling of Judge DeAlmeida in Estate of Maurice R Connelly, Jr v. Director, Division of Taxation (see below) [C1.3].

On 11 May 2016, Judge Patrick DeAlmeida in the New Jersey Tax Court ruled that Rucksapol Jiwungkul Maurice R. Connolly, Jr., being registered as a same-sex domestic partners under New Jersey’s Domestic Partnership Act (DPA), doesn’t qualify the surviving partner Jiwungkul to be treated as a spouse for estate tax purposes, and the couple failed to take advantage of other options that would have afforded tax relief [C1.2], [R1.1].

The State domestic violence act includes same-sex couples [R1.5].

Title 2C The New Jersey Code of Criminal Justice [L1.4]

2C:25–19. Definitions

[…]

d. “Victim of domestic violence” means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. “Victim of domestic violence” also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. “Victim of domestic violence” also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. [emphasis added]

On 05 January 2011, Governor Chris Christie signed the Anti-Bullying Bill of Rights eliminating loopholes in a 2002 law that encouraged – but did not mandate – school districts to start antibullying programs. Faculty and staff are required to report all incidents of bullying, inside and outside of school, and administrators who do not act on reports of bullying will be disciplined [R1.3].

Previously:

On 23 November 2010, the senate and assembly voted 30–0 and 71–1 respectively, to expand the 2002 antibullying law. If signed into law by Governor Chris Christie, training for most public school employees on how to spot bullying will be required and all districts will have to form ‘school safety teams’ to review complaints. Superintendents will have to report incidents of bullying to the state Board of Education, which will grade schools and districts on their efforts to combat it. Public colleges and universities will also be required to include a policy on bullying in its code of conduct [R1.2].

On 15 November 2010, Senate and Assembly panels approved a measure toughening a 2002 anti-bullying law, and the bill now moves to the full House and Senate [R1.1].

On 31 October 2017, it was reported that the New Jersey Supreme Court refused to hear an appeal of the 27 April 2017 Superior Court ruling reinstating the Shakeem Malik Holmes v. Jersey City Police Department alleging Holmes was subjected to ”demeaning, insulting and threatening comments” because he is a transgender man [R2.7].

On 27 April 2017, the Superior Court of New Jersey, Appellate Division found that the ”hostile environment” allegations against the Jersey City Police Department officers who made demeaning, insulting and threatening comments about the F2M transgender status of Shakeem Malik Holmes contrary to the Law Against Discrimination could be sustained, reversing the dismissal order and remanding the matter for trial [C2.6], [R2.5].

On 10 July 2012, Superior Court Judge James Guida in Bergen County ruled that New Jersey citizens who commit sex crimes abroad against minors who are under their control may be charged and tried in the state [C2.4], [R2.3].

In June 2008, a New Jersey gay couple who claimed a group of unruly volunteer firefighters threatened and harassed them were awarded $2.84 million [R2.2].

In December 2005, the appellate division of the superior court held that New Jersey’s antidiscrimination law applies to children victimized by antigay bullying and schools can be held liable for it [R2.1].

The court upheld a $50,000 award to a student who endured antigay taunts from classmates despite the school district’s punishment of some of them. But it struck down a $10,000 award that the state Division on Civil Rights had ordered the district to pay his mother [R2.1].

On 17 August 2018, Presiding Judge Appellate Division Jose Fuentes for the Superior Court ruled that Valerie Benning whose same-sex partner’s biological daughter was killed in a traffic accident can seek damages for emotional distress even though she and her partner I’Asia Moreland weren’t married or in a civil union at the time [C1.2], [R1.1].