The Record of Bergen County asked an interesting question last week of the mayors in its coverage area — an idea on which we decided to piggyback: Should the state Legislature OK the proposed civil-union rules (as it is expected to do today), will mayors actually perform the ceremonies?
Several mayors in Bergen County — including right-winger Steve Lonegan of Bogota — said no.
That, according ot the story, would leave the mayors in violation of state antidiscrimination law. The remedies are unclear — probably litigation, which would not help the couples looking to unite.
Unlike members of the clergy, who cannot be compelled to violate their religious beliefs, mayors and other non-clergy empowered to perform marriages in New Jersey cannot pick and choose who they marry — or civil unionize.
As The Record points out, elected officials have “taken an oath to uphold state law, which since 1992 has banned discrimination based on sexual orientation.”
“If you are a judge or a mayor or other person in New Jersey who does not want to perform any kind of [homosexual] relationship-recognizing ceremony, you’re going to be in a bind,” said Sally Goldfarb, a Rutgers law professor and expert on New Jersey constitutional law.
The easiest route for objectors, she said, would be to stop officiating all together.
“The law authorizes these people to perform marriages. It doesn’t require them,” she said. “They’re going to have to, I think, either celebrate these relationships for everybody or for nobody.”
What kind of effect this may have is unclear, because couples do not have to register in their own communities and because there are others who can conduct the ceremony.
But it is a question worth asking.
We put the question to several local mayors (we have four in our coverage area) and received responses from South Brunswick Mayor Frank Gambatese and Jamesburg Mayor Tony LaMantia. Both were somewhat uncomfortable answering the question, with Mayor Gambatese declining ultimately comment. Mayor LaMantiam however, told our reporter, Joseph Harvie, that
he would perform a same-sex ceremony if the law is approved. “Just as any wedding, it would have to be at my convenience,” Mayor LaMantia said. “As long as it’s the law, I’d do it. Everyone has their own opinion. I have my opinion, but if it’s a law then, you know.”
At least he acknowledged his responsibility under the law. That’s more than can be said about many of the folks up north.
South Brunswick Post, The Cranbury Press
The Blog of South Brunswick
Hank Kalet 