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Tuesday, January 13, 2004

NJ GRANTS BENEFITS TO SAME-SEX PARTNERS: From the New York Times

Same-sex partners in New Jersey have been granted unprecedented legal, health care and financial rights under a new bill, though the measure stops short of authorizing gay marriage.

Gov. James E. McGreevey signed the state's Domestic Partnership Act on Monday, making New Jersey the fifth state to recognize same-sex partnerships and extend certain benefits to gay couples.

Under the measure, domestic partners will gain access to medical benefits, insurance and other legal rights. New Jersey also will recognize such partnerships granted in other states. ...

However elated they are by the new law, gay rights advocates said it was not enough.

"We are pursuing all roads to justice,'' said Laura Popel, president New Jersey Lesbian and Gay Coalition, adding that the group will continue to push for same-sex marriages.

The act means domestic partners can visit each other in the hospital, make critical health care decisions, receive survivor benefits and receive state income deductions and inheritance-tax exemptions.

To obtain domestic-partner status, a couple must share a residence and show proof of joint financial status, property ownership or designation of the partner as the beneficiary in a retirement plan or will.

The law will not force private businesses to offer health coverage to same-sex partners of employees but does require insurance companies to make it available.

A divorce-like proceeding in Superior Court would be necessary to end a domestic partnership. The state now has 180 days to develop the procedure couples will use to register.

The measure also includes some benefits for domestic unions between unmarried heterosexual couples age 62 and over, covering older couples who do not want to get married because of the potential penalties on pensions and other financial interests.

Critics argue that denying the benefits to younger, opposite-sex couples amounts to discrimination, while other opponents have called the measure injurious to the institution of marriage and a veiled shift toward recognition of gay marriage.

Domestic partnerships are recognized in California, Massachusetts and Hawaii, and civil unions between same-sex couples are legal in Vermont.

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