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Tuesday, March 09, 2004 |

BREAKING NEWS ~ New Jersey AG tells civic officials to stop gay marriages or face charges
Bernard Hibbitts at 5:28 PM ET

WNBC-TV in New York City is reporting that New Jersey Attorney General Peter Harvey has sent letters to New Jersey city officials telling them to desist from marrying gay couples and issuing them marriage licenses, or else face criminal charges. Officials in Asbury Park, NJ, performed the first same-sex marriage in the state late yesterday afternoon (as previously reported on JURIST's Paper Chase). The Attorney General's Office has issued this formal statement:Today, we have given advice to the State Registrar of Vital Statistics that New Jersey law does not permit same sex marriages. We understand that the State Registrar has forwarded that advice to municipal officials throughout New Jersey having authority to issue marriage licenses and solemnize marriages. The advice we have provided is based on our review of State statutes, prior rulings by State courts and, most recently, the November 2003 decision issued by Judge Feinberg in Superior Court in Mercer County. We are urging all municipal officials to comply with the law as it exists.
We continue to believe that, ultimately, the issue of same sex marriage is most appropriately addressed by the Legislature. We also urge same sex couples to take advantage of the Domestic Partnership Act, which grants our citizens important rights. While we understand the desire of same sex couples to marry, New Jersey law does not recognize such marriages. We hope that municipal officials will comply with the law as it exists. If not, this matter will have to be resolved by the court. The news release is online here.


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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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