Bulletin: NJ000120

Dear Associates:

The holding in the case of Lewis v. Harris (188 N.J. 415) decided last October by the New Jersey Supreme Court required the New Jersey Legislature to change State Law to afford same-sex couples the same rights as heterosexual couples. The State high Court held that New Jersey's existing marriage laws violated constitutional equal protection guarantees. In response, the NJ Legislature passed a bill legalizing civil unions in New Jersey. The bill was signed into law by Governor Corzine on December 21 with an effective date making Civil Union licenses availablebeginning February 20, 2007.

In a nut shell, the new law provides that parties to a civil union have all of the same benefits, protections and responsibilities as are granted to spouses in a marriage. The new law amends the marriage statutes to include civil unions, defined as a legally recognized union between two eligible individuals of the same sex.

From a title insurance perspective, the Civil Union Laws provide for the application of all laws relating to title to land, descent and distribution, NJ inheritance and estate taxes, intestate succession, and the holding of title as tenants by the entirety. Any title issues involving parties to a civil union are to be addressed and underwritten in the same manner as if the parties were married.

Please call the State Office if you have any questions concerning the application of the Civil Union law or to discuss any issues as they arise.