- A Brief History of Civil Rights in the United States
- Civil Unions :: New Jersey Same Sex Marriage Lawyers Lindabury, McCormick, Estabrook & Cooper, P.C.
- Civil Unions for Same-Sex Couples in the State of New Jersey
- Do Unmarried Parents Have Custody Rights in New Jersey?
- The Right Attorney for Your Case: Call Veres & Riordan LLC
A Brief History of Civil Rights in the United States
Garden State Equality is the central statewide organization working for lesbian, gay, bisexual, transgender and intersex civil rights in New Jersey. The ACLU of New Jersey works in the courts and in the statehouse to protect the rights and liberties of all New Jerseyans, including the freedom to marry. Lambda Legal is the United States' first legal organization dedicated to achieving full equality for gay and lesbian people. Lambda Legal was counsel in the Garden State Equality case. Freedom to Marry was the campaign to win marriage for same-sex couples nationwide. It also means that you must legally end any such relationship through the appropriate court procedure before you are free to enter into a new marriage, civil union or domestic partnership in New Jersey.
No matter where you entered into your legal relationship, you may be able to terminate it in New Jersey as long as one partner has been a resident of the state for at least one year. Ending a domestic partnership, however, tends to involve fewer legal issues, due to the differences in rights discussed above. In addition, same-sex couples in marriages and civil unions may face certain issues more frequently that opposite-sex couples.
Many non-biological parents in same-sex relationships pursue second-parent adoption.
Civil Unions :: New Jersey Same Sex Marriage Lawyers Lindabury, McCormick, Estabrook & Cooper, P.C.
Parental rights in same-sex relationships can be complex. Other issues that often impact LGBT parents include rights in assisted reproduction or psychological parenting.
- New Jersey Same-Sex Marriage, Civil Unions & Domestic Partnerships.
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For more information on issues affecting current or prospective LGBT parents, see:. Step-Parent and Second Parent Adoption. If you have questions about same-sex marriages, civil unions or domestic partnerships, or about your rights as a parent in a same-sex relationship, we can help. Our experienced and compassionate attorneys are knowledgeable about all legal aspects of LGBT relationships and we can assist you with adoption, second-parent adoption, de facto or psychological parent status, as well as all phases of your divorce or dissolution.
Call us today: to schedule your free initial consultation.
Civil Unions for Same-Sex Couples in the State of New Jersey
Schedule a Free Strategy Session Now. These processes can be confusing and often difficult to navigate, but we have the experiences and resources to best protect your interests. Windsor , U. DOMA was heavily scrutinized in recent years for prohibiting same sex couples from enjoying many Federal Benefits. Subsequent to United States v. Windsor , the IRS in Rev.
Windsor , holding that the federal government could not deny benefits to same-sex couples legally married in a state that recognized same-sex marriages. This did not affect the right of states to decide independently to offer same-sex marriage, and it had not yet become legal in New Jersey. However, same-sex marriage became legal in New Jersey before the right to same-sex marriage was recognized on a national level. In the case of Garden State Equality v.
Do Unmarried Parents Have Custody Rights in New Jersey?
Dow , a gay-rights advocacy group and several same-sex couples brought an action against New Jersey state officials for unconstitutionally depriving them the right to marry. They won this argument before a New Jersey trial court, and the Court ordered state officials in New Jersey to begin issuing same-sex marriage licenses.
The state began issuing same-sex marriage licenses the following Monday, October 21 st , On June 26 th , , same-sex marriage became legal in every state when the United States Supreme Court decided Obergefell v. In Obergefell , the Court held that the right to marry is a fundamental right guaranteed to every American under the due process and equal protection clauses of the Fourteenth Amendment.
- Same-sex marriages start in New Jersey, 14th state to recognize such unions.
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Although same-sex marriage is now available in every state, some same-sex couples have chosen to remain in civil unions. Those who seek to dissolve their civil union must be aware of the differences in their rights versus those who are seeking to divorce a marriage.
The Right Attorney for Your Case: Call Veres & Riordan LLC
The legal recognition of same-sex families is an evolving issue. Under the New Jersey Parentage Act, husbands are presumed to be the biological father of children born to their wives during marriage. Now that same-sex marriage is legal in New Jersey, many have argued that this presumed parenthood should extend to same-sex partners over children of whom their same-sex spouse is the biological parent.