Local mayors say they'll officiate civil unions Officials must choose: Do straight and gay ceremonies, or do none BY CHRIS GAETANO Staff Writer FILE PHOTO South Brunswick Mayor Frank Gambatese has said he will delegate officiation of civil unions to the deputy mayor, an arrangement one expert says may not be legal under the new law. Middlesex County mayors mostly approve of the bill that allows same-sex couples to enter civil unions, which are legally similar to marriage. The mayors of North and South Brunswick as well as Woodbridge, Metuchen and South River all said that they will officiate a civil union ceremony if the need to do so arises. Meanwhile, two local houses of worship say that there is no intention to bless same-sex couples in the near future. The bill, which became law in December 2006, will take effect on Feb. 19, allowing same-sex couples to have most of the same legal rights and benefits as a heterosexual married couple. They include the right to count their partner for the purposes of family leave benefits, joint ownership of property, public assistance benefits, emergency medical care and hospital visitation and many more. It does not include the right to call one's relationship a marriage, or to refer to one's partner as a spouse, as well as a host of federal benefits. "The Supreme Court made the correct decision that everyone is entitled to equal rights under the law, and since the Legislature has determined that civil unions are the way to guarantee those rights, I will be proud to officiate them." - Francis Womack Some New Jersey mayors have publicly said that they will not officiate any same-sex civil union ceremony, despite what the law now says. Bogota Mayor and former gubernatorial candidate Steve Lonegan stood as an example of this about two weeks ago, saying that he will refuse anyone asking for a civil union in his town. This stands in contrast to the mayor of South River, Robert Szegeti, who said that he would support civil unions, regardless of how he might feel about them, because he is bound by the law. "If all the proper paperwork is presented to me, I will. I'm elected by the people and my personal views shouldn't be influencing the situation," said Szegeti. Old Bridge Mayor Jim Phillips said he would conduct the civil union weddings. He said what he performs as a mayor is a civil ceremony anyway. FILE PHOTO Same-sex partners in New Jersey will be free to enter civil unions with one another as of Feb. 19. Several local officials say they look forward to presiding over the ceremonies. "The Legislature has given me the power now to perform civil ceremonies. It's part of my job as the mayor, and part of my job as a civil servant. I still reserve the right to defer them, but not based on [the same sex issue]. I think people have a right to expect me to do them. As a matter of fact, one of the highlights of being mayor is doing weddings." A similar sentiment was voiced by a spokesperson for Mayor Jun Choi of Edison. "The mayor will officiate civil unions. It is the law and he's sworn to uphold the law and its equality," said Jerry Barca, the communications director for Edison. The mayor of North Brunswick, Francis Womack, also said he plans to preside over civil union ceremonies, adding that he supports the measure. "Yes, I will [officiate civil unions]," Womack said, "and my feelings are that the Supreme Court made the correct decision that everyone is entitled to equal rights under the law, and since the Legislature has determined that civil unions are the way to guarantee those rights, I will be proud to officiate them." Also putting his full support behind the new law is Metuchen Mayor Ed O'Brien. "I think it's something that is a basic right of people living in a democracy. When the Legislature passes a law and the governor signs it, it's not for me to question that law. And on top of that, I think it is something that is the right thing to do for people in those circumstances," said O'Brien. According to Felice Londa, an attorney with the firm Londa and Londa in Elizabeth, it's either all or nothing. A mayor is allowed to refuse to officiate civil union ceremonies, provided that the mayor in question also give up officiating heterosexual marriages as well. "You can't do one without the other. That runs afoul of the law," said Londa. Some mayors have created unique arrangements to handle civil unions that might be taking place in their towns. South Brunswick Mayor Frank Gambatese said that Deputy Mayor Carol Barrett approached him with the idea that she officiate over civil union ceremonies, leaving him to preside over marriages. "The deputy mayor said to me that she would like to take all civil union weddings," said Gambatese, "so as far as I'm concerned that's fine with me. I don't want to comment any further on that but if it came to someone asking me personally, I'd address it at that time but with the deputy mayor wanting to do that, that's fine. We both try to share as many weddings as we can because we do have a lot of weddings." This arrangement, to Londa, stands as an example to just how ambiguous the young law still is. With no previous court precedent as to proper procedure in these sorts of situations, the division of duties between two people may or may not be construed as illegal. "I think the courts will decide that and, no threat, but clearly the division of civil rights would be very interested in a determination like that," said Londa, "and I guess we would see if this would be permitted." Ministers in two houses of worship in the area, when asked, said that they do not plan to bless same-sex unions, though a minister of any religion is legally able to officiate a civil union ceremony. "No. It's prohibited according to the Torah. It's not something that's accepted by the Jewish religion," said Rabbi Levi Azimov, of the Chabad Jewish Center in South Brunswick. Father Francis Hubbard, of St. Barnabas Episcopal Church in South Brunswick, said that at the moment the church's position precludes him from presiding over a civil union ceremony, though he did note that the parish itself has no position on the matter and does not plan to take one in the future. "A blessing of a same-sex union is not an authorized service in the Episcopal Diocese in New Jersey. St. Barnabas does welcome same-sex couples in membership, but we do not do blessings," Hubbard said. Despite the significant gains by same-sex couples with the introduction of civil unions, many rights groups have said that they will continue to fight for full marriage equality. North Brunswick mayor