BY JOSH DAVIDSON
Staff Writer
CHRIS KELLY staff Karen Nicholson-McFadden (back left), and Marcye Nicholson-McFadden, shown with their daughter, Maya, 1, and son, Kasey, 4, see advantages to Gov. James E. McGreevey’s signing of a state Domestic Partnership Act.
Gov. James E. McGreevey’s approval of the Domestic Partnership Act has paved the way for more legal rights for same-sex partners and unmarried senior couples.
The law, signed by McGreevey on Jan. 12, allows same-sex and unmarried senior couples, who meet specific criteria, rights that include making critical health-care decisions for each other, being allowed to visit partners in hospitals, and certain income tax benefits.
The state defines domestic partners as same sex couples who are at least 18 years of age or heterosexual couples age 62 and above.
Aberdeen Township residents Karen and Marcye Nicholson-McFadden are among seven couples who filed a discrimination lawsuit against the state in June 2002, seeking the same rights as married couples. The case was dismissed in Mercer County court in November, but the group’s legal representation, Lambda Legal, headquartered in New York City, filed a notice of appeal Dec. 22, said Lisa Hardaway, public information coordinator for Lambda Legal.
Karen was excited when she first heard McGreevey had signed the bill.
"It’s one of those moments that you hope for but are never confident [about] until it happens," she said.
"It’s really a great step forward," Marcye said.
Karen said same-sex couples are gaining more of the rights they deserve, but there is still more work to be done. The state still needs to allow same-sex marriages, she said.
Without marriage, same-sex couples miss out on many rights given to heterosexuals, she said.
The women said they had to wait 11 months to adopt their daughter, Maya. More legal work and expense are required when an unmarried couple wants to adopt, they said.
The couple has been together 14 years and are raising two children, Kasey, 4, and Maya, 1.
A domestic partnership falls short of a marriage, Marcye said.
"We look in every respect probably as a married family would, but we still can’t get married," she said.
The state’s Legislature is moving forward in the fight for more homosexual rights, but that support may change if new political leaders come in who don’t support it, Marcye said.
"We happen to have an Assembly, Senate and governor right now who are supportive of changing inequality, but what happens if that changes?" she asked.
"New Jersey is a great place to live for somebody who is gay or lesbian," Marcye said, because it has provided homosexual couples many rights, such as the ability to adopt a child.
The discrimination lawsuit states the women should have the right to marry who they love, Karen said.
"We’re not looking to impose marriage on any religious institutions," she said. "It’s for our kids who would be able to know that their parents were married and they have made that lifelong commitment."
According to Karen, the state is failing by not allowing marriage between same-sex partners.
"There is not one element of our relationship that people wouldn’t recognize as a married couple, except for the fact that we can’t be married," she said. "Most people look forward to the day when they fall in love and can make that legal commitment to another person, and we are excluded from that.
"I think, for a long time, people didn’t understand what the stakes were," Karen added.
Since the issue of same-sex marriage and domestic partnership don’t affect the everyday lives of entire communities, some people may not be aware of the issues, Marcye said. People often become supportive of same-sex couples after meeting and becoming friends with them, she said.
"I can say for sure that is the case in our neighborhood," she added.
"I feel every law-abiding citizen should have the right to marry whomever they wish," said Annette Loso, a neighbor of the Nicholson-McFaddens. Loso is married with no children.
Loso said she lived in Massachusetts where same-sex marriage was legalized on Nov. 18, and people are more aware of the need to provide equality to homosexuals, she said. New Jersey residents are becoming aware, but more work needs to be done by lawmakers here, she added.
The domestic partnership law provides same-sex couples with new protections and benefits, Karen said.
Prior to the bill’s passage, if one half of a same-sex couple were to pass away, the survivor would have to pay an inheritance tax, most likely forcing the surviving partner to sell the house, Marcye said.
The new law requires insurance companies to offer domestic-partner health benefit policies to employers who are seeking coverage. Employers can choose whether or not they want to offer those benefits to their employees, but the law does not require them to, she said.