N.J. cites towns for violating law against discrimination

Sussex Borough is among the 28 New Jersey municipalities that were issued notices of violation for allegedly violating the Law Against Discrimination, state Attorney General Matthew Platkin said.

The towns were accused of publishing marriage license application forms on their websites that exclude certain LGBTQIA+ individuals seeking to obtain marriage licenses.

The towns’ forms do not permit nonbinary people to apply for marriage licenses unless they misgender themselves, under oath, as either “m” (male) or “f” (female), Platkin’s office said. That practice is inconsistent with the marriage license application published by the state Department of Health, which has included a third gender option for nonbinary applicants and other people with undesignated or unspecified gender identities since 2019.

Among other things, the notices of violation warn each municipality that the marriage license application form published on its website violates the law and that such violations could result in financial penalties of up to $10,000.

The Division on Civil Rights (DCR) also issued notices of violation to the 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, Vineland, West Cape May, Westhampton, Westville and Woodlynne.

In each case, the notice says the exclusionary gender options in the municipality’s marriage application form violates the state Law Against Discrimination. That law prohibits places of public accommodation from discriminating on the basis of real or perceived sex, sexual orientation, gender, gender identity and gender expression.

It also says a place of public accommodation may not display or post any communication or notice indicating that any of their offerings are unavailable based on a person’s sexual orientation, gender, gender identity or gender expression.

“Marriage equality is not just the law. It is a fundamental right,” said Platkin. “The marriage equality enforcement actions we are announcing today reflect 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.”

The discriminatory language used by municipalities to describe marriage licensing requirements was flagged in “Marriage Equality in New Jersey: A Latina/o/x Perspective,” a joint report issued in July 2022 by the Latino Action Network, Hudson P.R.I.D.E. and Garden State Equality.

The report found that the websites of certain municipalities violated the law by expressly limiting marriage licenses to “opposite-sex couples.”

The notices of violation contain an offer of settlement. If the municipality does not contest the facts as set out by DCR, it can resolve the matter by entering into an Assurance of Voluntary Compliance agreement.

That agreement requires, among other things, that the municipality:

• Update its website to state that marriage licenses are available to qualifying couples of all gender compositions.

• Update its website to include, or link to, the New Jersey Department of Health’s Application for License: Marriage, Remarriage, Civil Union or Reaffirmation of Civil Union as well as department’s Same Sex Marriage Frequently Asked Questions.

• Ensure that its website does not contain gender-restrictive language regarding who may obtain a marriage license and that the services the municipality offers will be open to all persons on an equal basis without regard to sex, sexual orientation, gender, gender identity or gender expression.

• Adopt a written policy prohibiting discrimination against people using or seeking to use the municipality’s offerings and services.

• Provide Law Against Discrimination training on compliance with the written anti-discrimination policy to all municipal employees involved in drafting website language and in issuing licenses.

• Remit to DCR a payment in lieu of penalty.

The Marriage Equality Enforcement Initiative will continue to investigate other possible violations related to the posting of marriage licensing information by municipalities across the state. The Initiative is being led by DCR’s Strategic Initiatives and Enforcement Unit, including Interim Chief Aarin Williams and Legal Specialist Iris Bromberg.