Nearly 30 NJ towns excluded LGBTQ people from marriage license applications, state says

The state attorney general has issued violation notices to 28 New Jersey municipalities whose marriage license forms don't let nonbinary people apply unless they misgender themselves, as either male or female, in violation of New Jersey's anti-discrimination law.

The marriage license forms published on the municipalities' websites allow people to select only male or female, Attorney General Matthew J. Platkin said Wednesday in a statement.

Municipalities receiving the violation notices included Morristown, Morris Plains and Sussex Borough in North Jersey.

The municipalities' forms were inconsistent with the marriage license application posted by the New Jersey Department of Health, which has listed a third gender option since 2019, according to Platkin.

New Jersey's Law Against Discrimination prohibits places of public accommodation, including local government offices, from suggesting they will not provide services or offerings to people based on their sexual orientation or gender. The municipalities could face fines of up to $10,000.

Settlement options

The violation notices give municipalities the choice to take a settlement offer and enter a voluntary compliance agreement. That would require localities to update their websites to clarify that couples of all genders can apply for marriage licenses and clear away gender-restrictive language, as well as add links to relevant state Department of Health webpages.

Municipalities would also need to adopt an anti-discrimination policy and provide related training to local government employees.

“Marriage equality is not just the law. It is a fundamental right,” Platkin said. “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 Latino Action Network, Hudson Pride Center and Garden State Equality first flagged violations of the state's anti-discrimination law in a joint report published last July. Their findings revealed that nearly 30 municipalities' marriage license forms were expressly limited to "opposite-sex couples."

"It is crucial to have gender neutral and gender inclusive language on all government documents. Everyone should have the right to apply for a marriage license that reflects their gender identity," Hudson Pride Center Executive Director Elizabeth Schedl said. "I know for many transgender and non-binary people this is extremely validating and important. It can help battle the internalized transphobia of the world telling us that we don’t exist."

Morristown officials countered that the violation was in error. "It was disappointing to read about this matter for the first time in the press release from the attorney general’s office," a statement from the Morristown mayor's office said. "For the record, Morristown has a nonbinary option available for applicants for marriage licenses. The town relies upon the state-issued marriage application and has never deviated from it.

"Although the website had not been updated to reflect the amended marriage application, any individual requesting an application would have received a form with a nonbinary option," the statement continued. "Morristown is an LGBTQIA+ friendly community and prides itself on a spirit of inclusivity. To insinuate otherwise is false and misleading."

Morris Plains Mayor Jason Karr said he was not aware of the violation when contacted Wednesday and would have to look into the matter before commenting.

The violation notices announced Wednesday are the most recent actions taken by the Division on Civil Rights' Marriage Equality Enforcement Initiative. The initiative, launched in October 2022, monitors local governments in New Jersey for Law Against Discrimination compliance and ensures that municipalities offer gender-inclusive and non-discriminatory marriage license applications.

In addition to the North Jersey towns, municipalities that received violation notices include Audubon, Carney’s Point, Chester Township, Commercial, Delran, Fair Haven, Farmingdale, Hi-Nella, Lopatcong, Lumberton, Manasquan, Milltown, Ocean Gate, Oceanport, Old Bridge, Pemberton, Pennsauken, Pohatcong, Raritan Borough, Stockton, Vineland, West Cape May, Westhampton, Westville, and Woodlynne.

Vineland Spokesperson Michael Tofanelli said the city's marriage license form has matched the state-issued inclusive application since April 2019. Users can access the form from various links on the website, and one led to an outdated form that staff "inadvertently missed." It was immediately updated when it was brought to the city's attention, Tofanelli said.

CORRECTION March 9, 2:12 p.m.: This story was updated to clarify information about Vineland's marriage license form.

Staff writer Kyle Morel contributed to this story.

This article originally appeared on NorthJersey.com: 28 NJ towns exclude LGBTQ+ people from marriage license forms