ASSEMBLY HEALTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2193

with committee amendments

STATE OF NEW JERSEY

DATED: JANUARY 23, 1997

      The Assembly Health Committee reports favorably and with committee amendments Assembly Bill No. 2193.

      As amended by the committee, this bill provides that marriages between persons of the same sex are prohibited and void in New Jersey. The bill additionally provides that a marriage solemnized in any other country, state or territory, if valid where solemnized, is valid here unless it is a marriage that would be prohibited and declared void in this State pursuant to R.S.37:1-1 (which would include same sex marriages) or R.S.37:1-10 concerning New Jersey's policy of not recognizing common law marriages.

      This bill expressly affirms public policy in support of marriage and makes clear that marriage is limited to marriage between a man and a woman. The bill further provides that same sex marriages and others not recognized in this State, whether or not sanctioned by another state, are not recognized in New Jersey.

      The committee amended the bill to delete section 3 (which provided that: "Marriage between persons of the same sex is against the public policy of the State of New Jersey.") as not being essential to the purposes of the bill, and because of uncertainty about the possible ramifications of enacting such language into law. The committee amendments also correct a typographical error in section 2 of the bill.