The 2012 elections last week resulted in sweeping victories for same-sex marriage proponents. Voters in three states approved gay marriage last Tuesday, and voters in another state blocked a measure that would have banned it. Here in our state, the New Jersey Legislature and Gov. Chris Christie have disagreed on same-sex marriage legislation, but voters were not asked to weigh in on the issue–unlike those in other states. Why is this?

Back in February, the state Legislature approved a bill that would legalize same-sex marriage, but Gov. Christie vetoed it. While the governor suggested that voters should make the decision, leaders in the Legislature said they did not think it was proper to put a civil rights question up for referendum.

In order for this measure to appear on the ballot before the voting public, the Legislature would likely have to approve a constitutional amendment on same-sex marriage and they have chosen not to do so. For now, it does not appear that the results of gay marriage referendums in other states have persuaded New Jersey lawmakers to take the question to the voters in the future.

While New Jersey has granted civil unions to same-sex couples since 2007, the intersection of state and federal family law statutes does still present same-sex domestic partners with unique challenges. From child custody and support issues to property ownership and division, prenuptial agreements and tax liabilities, those entering into or dissolving a civil union may be wise to seek legal counsel to ensure their interests are protected.

Source: Philly.com, “NJ lawmakers struggle with same-sex marriage issue after wins in other states,” Joelle Farrell, Nov. 10, 2012

• Our law firm handles the dissolution of civil unions as well as other family law concerns. More information is available on our Kingston Civil Union page.