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Editorials January 18, 2007
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Details remain unclear on civil union law

In a series of interviews with area mayors, the Suburban and a few of its sister publications found that with civil unions soon to become legal, many look forward to officiating the ceremonies, some aren't totally comfortable with them but will do them anyway, and others are unsure if they'll take part or not. None we spoke to refused to perform one, as former gubernatorial candidate and Bogota Mayor Steve Lonegan said he will. But with the law taking effect Feb. 19, much about New Jersey's civil union law remains unclear, even to the government officials who will officiate them.

According to legal experts we spoke to, the basic rule is you're in or out. If a mayor is offended by a same-sex union, or it's against their religious beliefs, they have a right to decline to do them, but they are then barred from officiating a wedding ceremony. To do so would legally be considered an act of discrimination.

Still, there's plenty of confusion over the new law and few legal precedents to draw on. The text of the bill itself is 59 legalese pages.

Keyport Mayor Robert Bergen, a municipal attorney by trade, said that he had some personal concerns over the law, but was unsure about many of its details, so he would perform the civil unions so he could continue doing weddings. Middletown Mayor Gerard Scharfenberger declined to say whether he would perform a civil union, noting the law could be challenged in court, making it a moot point. South Brunswick Mayor Frank Gambatese said his deputy mayor would officiate civil unions and he would continue to do marriages; one legal expert interviewed doubted the court would permit such an arrangement.

The civil union is coming fast. For the thousands of same-sex couples who will take part in them, the ceremonies will be enormously meaningful days that they will look back on for their whole lives. Therefore, local mayors who officiate them have a responsibility to make the ceremonies go as smoothly and comfortably for the couples as possible. To do that, state officials are going to have to do a lot more over the next few weeks to educate New Jersey's mayors on how this is all supposed to work, and what their duties are and are not.