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yesthattomGay couple married in Asbury Park, an NJ first
By JOHN CURRAN
Associated Press Writer
March 8, 2004, 5:23 PM EST
ASBURY PARK, N.J. -- A gay couple were married in City Hall on Monday after being issued a license by city officials who claim New Jersey law does not explicitly ban such unions.
In a short 3:30 p.m. ceremony attended by about 10 people, Louis Navarrete and Ric Best, both of Asbury Park, tied the knot in City Council chambers.
The two had paid $28 for a marriage license on Friday and waited the requisite 72 hours, according to Laura Jewell, a spokeswoman for City Clerk Dawn Tomek.
Monday's wedding was the first gay marriage ceremony performed in New Jersey. Six other applications for same-sex weddings are pending, city officials said.
"As a show of support to the city's gay community and the gay community nationwide, the City of Asbury Park has determined that it will commence the issuance of licenses to same-sex couples and the solemnization of marriage between same-sex couples, immediately, as a matter of fundamental civil and constitutional rights," Tomek said in a written statement.
"We're proud that New Jersey is at the forefront of the marriage equality movement," said Steven Goldstein, New Jersey campaign manager for Lambda Legal, a gay activist organization.
Tomek said New Jersey is one of 12 states that have no statute expressly banning same-sex marriages and that nothing in state law defines marriage as the exclusive province of opposite-sex couples.
Not so, according to William Dressel, executive director of the New Jersey State League of Municipalities, which has had inquiries from municipalities about the legality of same-sex unions.
"Unless and until the New Jersey courts or Legislature make it legal to issue same-sex marriage licenses, a person who performs a same-sex marriage can be prosecuted under this statute, just as he or she could be prosecuted for performing an opposite sex marriage without a valid marriage license," Dressel said.
A spokesman for the state Attorney General's Office said Monday that the office had not yet been officially informed of the Asbury Park case and had no immediate comment.
On Nov. 5, the Law Division of New Jersey Superior Court held that New Jersey's marriage statutes do not permit same-sex marriages. Nothing in the state constitution guarantees same-sex unions as a right and the appropriate forum to change marriage laws is the Legislature, the judge ruled.
The ruling is being appealed by gay activists, including Lambda Legal.
Gov. James E. McGreevey supports domestic partnership measures but not gay marriage.
"The governor believes that the domestic partnership law is the best way to protect people's basic human rights," McGreevey spokesman Micah Rasmussen said. "We're working hard to implement that law now. The issue of marriage is one that is before the courts."
New Jersey recognized domestic partnerships in January, becoming the fifth state to legally create a union for same-sex couples.
Once regulations are completed in July, domestic partners will gain access to medical benefits, insurance and other legal rights. New Jersey will also recognize such partnerships granted in other states. The bill did not authorize gay marriage.
To obtain domestic partner status, a couple have to share a residence and show proof of joint financial status or property ownership or designation of the partner as the beneficiary in a retirement plan or will.
By JOHN CURRAN
Associated Press Writer
March 8, 2004, 5:23 PM EST
ASBURY PARK, N.J. -- A gay couple were married in City Hall on Monday after being issued a license by city officials who claim New Jersey law does not explicitly ban such unions.
In a short 3:30 p.m. ceremony attended by about 10 people, Louis Navarrete and Ric Best, both of Asbury Park, tied the knot in City Council chambers.
The two had paid $28 for a marriage license on Friday and waited the requisite 72 hours, according to Laura Jewell, a spokeswoman for City Clerk Dawn Tomek.
Monday's wedding was the first gay marriage ceremony performed in New Jersey. Six other applications for same-sex weddings are pending, city officials said.
"As a show of support to the city's gay community and the gay community nationwide, the City of Asbury Park has determined that it will commence the issuance of licenses to same-sex couples and the solemnization of marriage between same-sex couples, immediately, as a matter of fundamental civil and constitutional rights," Tomek said in a written statement.
"We're proud that New Jersey is at the forefront of the marriage equality movement," said Steven Goldstein, New Jersey campaign manager for Lambda Legal, a gay activist organization.
Tomek said New Jersey is one of 12 states that have no statute expressly banning same-sex marriages and that nothing in state law defines marriage as the exclusive province of opposite-sex couples.
Not so, according to William Dressel, executive director of the New Jersey State League of Municipalities, which has had inquiries from municipalities about the legality of same-sex unions.
"Unless and until the New Jersey courts or Legislature make it legal to issue same-sex marriage licenses, a person who performs a same-sex marriage can be prosecuted under this statute, just as he or she could be prosecuted for performing an opposite sex marriage without a valid marriage license," Dressel said.
A spokesman for the state Attorney General's Office said Monday that the office had not yet been officially informed of the Asbury Park case and had no immediate comment.
On Nov. 5, the Law Division of New Jersey Superior Court held that New Jersey's marriage statutes do not permit same-sex marriages. Nothing in the state constitution guarantees same-sex unions as a right and the appropriate forum to change marriage laws is the Legislature, the judge ruled.
The ruling is being appealed by gay activists, including Lambda Legal.
Gov. James E. McGreevey supports domestic partnership measures but not gay marriage.
"The governor believes that the domestic partnership law is the best way to protect people's basic human rights," McGreevey spokesman Micah Rasmussen said. "We're working hard to implement that law now. The issue of marriage is one that is before the courts."
New Jersey recognized domestic partnerships in January, becoming the fifth state to legally create a union for same-sex couples.
Once regulations are completed in July, domestic partners will gain access to medical benefits, insurance and other legal rights. New Jersey will also recognize such partnerships granted in other states. The bill did not authorize gay marriage.
To obtain domestic partner status, a couple have to share a residence and show proof of joint financial status or property ownership or designation of the partner as the beneficiary in a retirement plan or will.
