Some Civil Servants Balk at Performing Civil Unions:

c. 2006 Religion News Service NEWARK, N.J. _ For mayors, standing before a love-struck couple as they say “I do” is one of the lighter and more pleasant aspects of their job. But mayors across New Jersey have found themselves grappling over that duty when it comes to gay couples who may ask them to […]

c. 2006 Religion News Service

NEWARK, N.J. _ For mayors, standing before a love-struck couple as they say “I do” is one of the lighter and more pleasant aspects of their job.

But mayors across New Jersey have found themselves grappling over that duty when it comes to gay couples who may ask them to preside over a civil union ceremony.


“I’m still up in the air about it,” said Mount Arlington Mayor Art Ondish. “If a same-sex couple stopped in today and asked me to perform a ceremony, I don’t know what I would do.”

The New Jersey Legislature approved gay civil unions Dec. 14 and Gov. Jon Corzine signed the bill into law Thursday (Dec. 21). New Jersey is now the third state to legalize civil unions for same-sex couples. Massachusetts allows same-sex couples to marry.

The law will take effect Feb. 19, forcing mayors to decide if they are willing to officiate gay civil unions. Under the state statute, judges and mayors have the right to officiate weddings, but are not required to do so.

The civil union bill gives mayors the same discretion, but does not specify if they would be penalized if they open their doors to heterosexual couples but turn away gay couples.

Stephen Hyland, an attorney in Princeton, N.J., who has tracked the bill closely, said mayors who pick ceremonies based on sexual orientation risk being sued under the state’s strong anti-discrimination laws.

“What are the duties of a public official?” he said. “A public official cannot choose to carry out those duties on behalf of one person and not on another person.”

Sally Goldfarb, a law professor at Rutgers University in Camden, N.J., said mayors would be obligated to follow the state’s anti-discrimination laws and perform ceremonies for straight and gay couples equally. At the same time, some mayors might decide to stop performing ceremonies altogether.


“The question is, have they done that to avoid same-sex civil unions?” Goldfarb asked. “That is hard to prove.”

Somerville Mayor Brian Gallagher said he has performed dozens of marriages since taking office in 2004, but is hesitant about doing the same for gay couples.

“Quite honestly, it’s a hot potato,” he said.

Gallagher said he would like more guidance from the Legislature or the New Jersey Conference of Mayors on the issue.

Timothy McDonough, the longtime mayor of Hope Township in Warren County and an executive officer with the Conference of Mayors, said the organization is taking a hands-off approach on the issue. McDonough said he personally has no problems officiating gay civil unions.

“We are going to leave it up to the individual mayors,” McDonough said. “I think there are obviously some mayors who do not agree with this.”

Denville Mayor Gene Feyl is one of them.

Feyl said he is “very selective” about whom he will marry. He only marries couples who are Denville residents who agree to have counseling with him before they exchange vows.


“If a same-sex couple came to me and asked me to perform a ceremony for them, I would say no,” Feyl said. “I think a ceremony to join them would raise the union to a level of marriage. I could not do that.”

Manville Mayor Angelo Corradino said given the choice, he would rather not preside over gay civil unions.

“If I’m forced to do it, I will,” he said. “But I’d really prefer not to.”

That’s not the case in Maplewood, an Essex County community with a large gay population that enthusiastically welcomed same-sex couples to register as domestic partners in 2004. Mayor Fred Profeta said he is strongly in favor of presiding over same-sex civil unions.

“The fight is not over, is it?” Profeta said. “And Maplewood is going to be at the forefront of this fight.”

(OPTIONAL TRIM FOLLOWS)

Then there are others, such as Newark Mayor Cory Booker, who shun that part of the job altogether. Booker said he prefers that couples turn to religious leaders instead of him.


“It’s a sacred commitment that I think too many people take lightly,” he said. “I think it’s best done with a religious leader.”

At the same time, Booker applauded the bill and supports the rights for gay couples.

“I think New Jersey has taken a very important step forward,” he said. “It’s preserving a fundamental ideal in America of equal treatment.”

DB/PH END WANG

(Katie Wang writes for The Star-Ledger of Newark, N.J. Star-Ledger staff writers Suleman Din, Elizabeth Moore, Larry Ragonese, Phil Read and Joe Tyrell contributed to this report.)

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