Practice Areas
Same Sex Unions and Gay Rights
In 2004, the Commonwealth of Massachusetts through its Supreme Court determined that same sex marriages are valid and legal in Massachusetts. Canada also permits same-sex marriages. Vermont, Connecticut, New Jersey and New Hampshire permit civil unions. California, Maine and Oregon have approved domestic partnerships. Pennsylvania only recognizes a marriage between a man and a woman. Same-sex marriages and civil unions may not be recognized in other jurisdictions. This area of the law has more questions than answers. In many cities, benefits from employment for same sex couples are available.
While the elections of November of 2006 did not bode well for the rights
of same-sex couples in the various states in the Union, New Jersey took a
huge step forward. In
December of 2006, the Civil Union Act between same-sex couples became the
law of the State of New Jersey and is now incorporated into the existing
marriage and divorce law. Same-sex couples can now undergo a legal ceremony
civil union and thereafter, enjoy almost all the rights of male and female
married couples. There are exceptions because the federal government does
not recognize same-sex unions and therefore, Social Security Benefits and
other federal benefits are not available to the civil union partner. However,
in New Jersey, the same state benefits available to male and female married
people are now available to same-sex people. Note that New Jersey does not
have a residency requirement for civil unions and therefore a gay couple
from another state can come to New Jersey to enter into a civil union. While
the rights of gay couples will be protected in the state of New Jersey, they
may not be recognized in other jurisdictions. Notwithstanding, many cities
across the country afford legal benefits from employment for the same-sex,
non-employee partner. Presently, Canada and Massachusetts recognize same-sex
marriages. Vermont, Connecticut, New Jersey and New Hampshire recognize civil
unions.
California, Maine and Oregon have approved domestic partnerships.
Same Sex Unions and Gay Rights
FAQs
Same Sex Unions and Gay Rights Articles
You may also want to visit our Family Law FAQ and Publications pages for additional information.