Does New Jersey’s same-sex marriage ruling impact civil unions?

This week, New Jersey became the 14th state to allow same-sex marriage. Gov. Chris Christie’s decision to stop fighting the recognition of same-sex marriage allowed gay couples to begin marrying Monday, but much confusion remains as gay marriage policy has yet to be solidified.

Same-sex marriage became the law of the land in New Jersey because a judge ruled that the state had to begin recognizing same-sex marriages in the wake of a recent U.S. Supreme Court ruling. Initially, Gov. Christie appealed that trial court decision, but he has since dropped his appeal. So, although the trial court’s decision stands, a number of important issues affecting same-sex couples have not been addressed. For example, are the rights of those in civil unions going to change?

In other states that have recently legalized same-sex marriage, civil unions automatically converted to marriages unless couples dissolved them. Although the New Jersey court did not specifically address this issue, the New Jersey Health Department has said that existing civil unions will remain intact for now.

Civil unions provide couples with the New Jersey benefits that are afforded to married couples, but those who remain in civil unions and do not marry will not have access to federal marriage benefits.

It is likely that New Jersey lawmakers will address this issue in the near future.

Same-sex couples who would like to prepare for marriage by entering into a prenuptial agreement, or who would like to dissolve their civil unions, will benefit from seeking family law counsel.

Source: Associated Press, “Questions, Answers on Gay Marriage in NJ,” Geoff Mulvihill, Oct. 24, 2013