Two men from Secaucus and two women from out of town have become domestic partners by applying at Town Hall, since the enactment of the state’s Domestic Partnership Act last week.
The Domestic Partnership Act, which was passed in January and went into effect on July 10, offers homosexual couples legal rights traditionally reserved for marriage. Some of those include the ability to make critical health care decisions, file for state tax deduction for dependents, file for a state inheritance-tax exemption, and share certain healthcare benefits.
To be eligible, they must have certain joint ownerships of property, a bank account, or a car, or be designated on each other’s life insurance plan or will. People must be of the same sex between the ages of 18 and 62. After the age of 62, opposite sex couples are allowed because people may want to share power to make medical decisions without having to get married again.
“I think it’s a very important thing for them to give them the opportunity to share benefit and dispose of their assets by will at the time of their passing,” said Mayor Dennis Elwell. “The good thing is that it’s not happening haphazardly, and they have to register.”
Town clerks throughout the state went to a training session last month to prepare for the procedure.
“They’re training us to treat these people like anyone who’s coming in for a marriage license,” said Jersey City Clerk Robert Byrne.
Clerks had some trepidation about being overwhelmed, as the application procedure is quicker than that of a marriage license, which requires a 72-hour waiting period. In addition, applicants for domestic partnerships do not have to live in the town where they’re applying.
“We may get overflow from the little towns,” said Byrne. “a person might not want to go down to their small town, where tongues may wag.”
Secaucus only had two applicants as of Wednesday. Clerk Michael Marra said things have gone smoothly so far. “I thought it was a good procedure,” Marra said. “You learn as you go. The first will be difficult, but it will get easier.
Opinions in town
Townspeople have been supportive or indifferent.
“I think it’s a step in the right direction,” said resident Marion Levine, who teaches a speech class at the Fashion Institute of Technology in Manhattan. “Civil rights can extend to race, gender, nationality, and sexual preference. Exactly what we’re arguing about now 100 years ago was about interracial marriage. One hundred years ago, women had virtually no rights.”
Resident Laura Mancuso also supports the act.
“I think everybody has the right to decide who they want to be with issues such as medical insurance and homeownership,” she said. “I think they should have the same rights as a heterosexual couple.”
Wariness about the new legislation has been about technical or practical issues, rather than about lifestyle ones. “I have no problem with it itself,” said resident Danny Kane, “I’m just concerned with additional potential cost on insurance premiums. It has nothing to do with sexual preference.”
Mayor Elwell said that the town’s main concern was any additional work that might fall onto the town clerk if the volume of applicants was high. With only two applicants, such fears were allayed.
“One would expect that it would create some work, but nothing they can’t handle,” said Mayor Dennis Elwell. “It hasn’t been something where we’ve had people lined up out the door.”
Differs from marriage New Jersey is one of five states to enact a domestic partnership or civil union law. It differs from marriage in a number of areas.
There is no alimony payment when if is dissolved, and domestic partners do not automatically acquire rights in relation to children, as do married couples. Domestic partners also do not have the right to sue for injury or death of the other.
How will the law affect the Secaucus community?
“I don’t really pay attention to that sort of thing,” said Elwell, referring to Secaucus’s gay population. “I think the town of Secaucus is no different than any other community.”