Court of Justice defines the rights of gay couples he said
Under the New Jersey Supreme Court, the decision of same-sex couples will soon be issued that the rights of married couples, beginning with the very small to help those who define what a family.
Among other things, lesbians and gay couples may be survivors of public benefits under the Workers’ Compensation system, as well as tax cuts for medical care and spousal support, exemption from taxes for property transfers between spouses.
Other basic benefits for married couples, of course, have yet to be extended to same-sex couples, including the presumption that a partner in a Union not the biological parent to his parental rights. And during the reign, couples gays and lesbians would be new marriages to common problems, such as family allowances, child custody and even disputes after a union dissolves.
These benefits and rights, wrote the court of the State constitutional guarantee of equality and promote and protect the welfare of children.
“Children have the same needs and universal, if in a same-sex or sex vis-à-vis the family, still under the current system, they are treated differently,” wrote the judge.
Kevin Kelly, a professor at Seton Hall University’s clinical family law, said the decision had a potentially strong impact on the daily life of same-sex couples.
“Health insurance is a huge problem,” said Kelly. “There are many couples, and if one partner has insurance and their partners and children is a huge advantage for the working poor.”
Until now, he said, the struggle for equality in family life has been, at least publicly, fought by lesbians and gay couples with few financial resources.
“For low-income people, it is rather an obstacle. Well, they could not rent to lawyers for adoptions and name changes, or to file complaints,” said Kelly.
The current national legislation partnership in New Jersey, the Tribunal found, is much too small to bridge the inequality gap between same-sex partners and married couples. The judge wrote that “inequality of rights and allocation of benefits to require same-sex partners can no longer be tolerated in our Constitution of the State.”
Among domestic partnerships right of homosexual couples certain rights as guaranteed hospital visitation, certain tax benefits and guardianship rights if a partner is invalid. But these partners have not much on the Rights of the crucial importance of partnerships for marriage, wrote the court.
For example, you can not get the same health guarantees by employers of benefits as married couples or the rights to modify a last name, without petition the court, the judge wrote.
National legislation partnership has made it more difficult for same-sex couples to gain legal recognition as a partner that heterosexual couples to marry.
Domestic partners must share an apartment and agreed to co-manager of the basis of other living costs during the national partnership “, among other provisions, no, if necessary, by marriage statutes.
The judge ordered the State Legislature in the next six months, amending the laws of marriage, same-sex couples or create a parallel structure granting equal rights for same-sex couples.
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