NJ Attorney General and Division on Civil Rights issue Notices of Violation to 28 municipalities for discrimination against LGBTQIA+ couples seeking marriage licenses

New Jersey's Division on Civil Rights (DCR) has issued Notices of Violation to 28 municipalities across the state for allegedly violating the Law Against Discrimination. 

The following 28 municipalities have received violations: 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, Sussex Borough, Vineland, West Cape May, Westhampton, Westville, and Woodlynne.

The violation was committed by publishing marriage license application forms on their websites that exclude certain LGBTQIA+ individuals seeking to obtain marriage licenses. The marriage license application forms posted by these municipalities do not permit nonbinary people to apply for marriage licenses unless they misgender themselves as either "m" (male) or "f" (female) under oath, which is inconsistent with the marriage license application published by the New Jersey Department of Health. Since 2019, the application has included a third gender option for nonbinary applicants and other people with undesignated or unspecified gender identities.

The Notice of Violation advises that the exclusionary gender options in the municipality’s marriage application form violate New Jersey’s Law Against Discrimination (LAD). The LAD prohibits places of public accommodation from discriminating on the basis of real or perceived sex, sexual orientation, gender, gender identity, and gender expression. Under the LAD, it is also unlawful for a place of public accommodation to 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.

Attorney General Matthew J. Platkin said, “Marriage equality is not just the law. It is a fundamental right. 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."

DCR Director Sundeep Iyer added, "The law in New Jersey is crystal clear: No one can be denied the fundamental right to marry based on their gender identity. Municipalities have an obligation to ensure that they are not excluding LGBTQIA+ individuals from applying for marriage licenses. Today’s enforcement actions underscore our ongoing commitment to ensuring that marriage equality remains a reality for our State’s LGBTQIA+ residents.”

DCR’s Marriage Equality Enforcement Initiative, launched in October 2022, seeks to ensure that municipal governments across New Jersey comply with the LAD by providing gender-inclusive and non-discriminatory marriage licensing applications and instructions to the general public. The Notices of Violation issued by DCR warn each municipality that the marriage license application form published on their websites violates the LAD and that such violations could result in financial penalties of up to $10,000.

The Notices of Violation also 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. 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.