NJ Domestic Partner Law - Doesn't Cover Inheritance

New Jersey's domestic partnership law, which took effect in July 2004, provides some of the legal rights of marriage to same sex couples who register. Included are hospital visitation, some state tax benefits, and some benefits to state employees. It is silent, however, on the issue of inheritance and intestacy.

This silence is now being argued as not excluding inheritance by a registered domestic partner whose spouse died without a will. Betty Jordan and Rene Price registered as domestic partners in late 2004. They had been together for 19 years when Price died this past July. Their house, car and bank account had all been in Price's name, and she unfortunately did not leave a will. Under NJ law, the surviving spouse in a married couple inherits the estate if the decedent was intestate. The state has determined that this particular facet of the law does not apply to registered domestic partners. Jordan is challenging the interpretation of the domestic partner legislation. She is currently still in residence at the home and is using the car, however.

The lessons to be learned in the meantime? Don't believe it when those who opposed marriage equality but offer civil unions or domestic partnership registries as the legal equivalent. They're not. And as long as states and the federal government can choose not to recognize another state's legal marriage, civil union or domestic partnership system, even those rights aren't guaranteed.

Finally - think you don't need a will, or not yet at least? Think again.

Massachusetts: No Amendment

The joint meeting of the state legislature has voted 157-39 against forwarding to the voters the proposed constitutional amendment that would bar same sex marriage but establish civil unions. The amendment passed last year 105-92 after days of heated and emotional debate, but needed to pass again this year in order to proceed. The debate on the issue this year was less than two hours.

Next up: The citizen's petition seeking to place a ballot question before the voters that would bar marriage equality, bar civil unions, and nullify existing marriages between same sex couples. The question's backers must collect 65,825 signatures before it can be brought before the legislature. A citizen's petition must be approved by 25% of the legislature in two sessions before it can go to the ballot, so the earliest we might see this at the polls is November 2008. But hopefully it will fail well before then.