NJ Towns Cited For Discriminating Against Nonbinary People On Marriage Forms: AG

NEW JERSEY — More than two dozen New Jersey towns face fines for having discriminatory marriage licensing forms, as officials say they exclude applicants who do not identify as male or female.

The 28 municipalities in the state lack an option for nonbinary and unspecified gender identities, the New Jersey Office of the Attorney General said Wednesday.

The practice is inconsistent with the New Jersey Department of Health's marriage-license application and violates the state Law Against Discrimination (LAD). The municipalities "do not permit nonbinary people to apply for marriage licenses unless they misgender themselves, under oath," as either male of female, Platkin's office said in a joint press release with the state Division on Civil Rights on Wednesday.

The AG sent violation notices to the following cities and towns: Audubon, Carney’s Point, Chester Township, Commercial, Delran, Fair Haven, Farmingdale, Hi-Nella, Lopatcong, Lumberton, Manasquan, Milltown, Morris Plains, Morristown, Ocean Gate, Oceanport, Old Bridge, Pemberton, Pennsauken, Pohatcong, Raritan Borough, Stockton, Sussex Borough, Vineland, West Cape May, Westampton, Westville and Woodlynne.

Several local towns told Patch reporters this was an oversight or clerical error, and that they would update their marriage forms.

They also said their municipalities have not discriminated against same-sex couples filing marriage applications since state law began protecting that right.

Related articles:

• AG Cites 4 Burlington County Towns For Discriminatory Marriage Forms
• Discriminatory Language Found In Chester Marriage License Forms

Enforcing marriage equality laws reflects "our continued commitment to ensuring that municipal governments do not discriminate against couples seeking marriage licenses on the basis of their gender, gender identity, or gender expression,” said Platkin.

Iyer added that municipalities have a responsibility not to exclude certain New Jerseyans from getting married.

“The law in New Jersey is crystal clear: No one can be denied the fundamental right to marry based on their gender identity,” Iyer added. “Municipalities have an obligation to ensure that they are not excluding LGBTQIA+ individuals from applying for marriage licenses. Today’s enforcement actions underscore our ongoing commitment to ensuring that marriage equality remains a reality for our State’s LGBTQIA+ residents.”

Since 2019, the health agency has included a third gender option for nonbinary people, individuals with undesignated or unspecified gender identities, and others who don't wish to list themselves as male or female.

Nonbinary identity is an umbrella term for those who don't neatly fit into the categories of "man" or "woman" or "male" or "female" as a gender identity.

The AG's office sent notices of violation to each town, warning them to update their application forms. Such violations could result in fines of up to $10,000. The state gave municipalities the option to resolve the violations and forgo any fines by:

• updating their websites to state that marriage licenses are available to qualifying couples of all gender compositions.
• updating the websites to include links to the state health department's marriage form and the agency's webpage of frequently-asked questions about same-sex marriage.
• ensuring that the website doesn't contain gender-restrictive language regarding who may obtain a marriage license.
• adopting a written policy prohibiting discrimination against people using or seeking to use the municipality’s offerings and services.
• providing training on compliance with anti-discrimination laws to all municipal employees involved in drafting website language and issuing licenses.

Related articles:

• Morristown Accused Of LGBTQ+ Marriage Discrimination
• AG Cites 4 Camden County Towns For Discriminatory Marriage Forms

A joint report issued by the Latino Action Network, Hudson P.R.I.D.E., and Garden State Equality last year found that certain municipalities violated the LAD by expressly limiting marriage licenses to "opposite-sex couples," prompting the DCA's investigation.

Patch also found that some of those websites also included instructions for minors to get married. New Jersey legalized same-sex marriage in 2013 and banned child marriages five years later. Read more: Child Marriage Legal, Same-Sex Not: Outdated Info Given To NJ Couples

Marriage forms, including the state health department's, typically require that applicants list their sex. Gender and sex aren't the same, with distinctions that major American medical associations recognize. However, state law effectively recognizes the "sex" labels as gender identifiers, since intersex people would otherwise fall outside of the chromosomal binary of male (XY) and female (XX).