Social Workers Hail New Jersey Supreme Courts Decision in Favor of Equal Benefits and Privileges for Same Sex Couples

NASW and NASW-NJ submitted amici curiae brief to support same sex couples

Edison, NJ – In a landmark decision, the New Jersey Supreme Judicial Court ruled that the state must amend its marriage statutes or create an equivalent legal structure for same-sex couples.  The National Association of Social Workers (NASW) and its New Jersey Chapter (NASW-NJ) laud the court’s holding that there is no legitimate governmental purpose to denying the financial and social benefits and privileges of marriage to same-sex couples while acknowledging that this falls short of recognizing a right to marry.

The New Jersey justices unanimously agreed in Lewis v. Harris, that “denying the rights and benefits to committed same-sex couples that are statutorily given to the heterosexual counterparts violates the equal protection guarantee” of the New Jersey State Constitution.   However, in a 4 – 3 ruling the court failed to recognize that these rights must be afforded the title of marriage and left that decision to the “political process.”  The court also recognized that same-sex couples may refer to their relationships by any term they choose and to have religious ceremonies honoring such commitments.  NASW and NASW-NJ filed an amici curiae brief in support of the plaintiffs.

“NASW firmly believes that same-sex couples should be afforded the same respect and rights as heterosexual couples,” says Walter Kalman, MSW, LSW, executive director of NASW-NJ.  “We are pleased that the court took significant steps toward securing the right to marry for same-sex couples and we hope that the New Jersey legislature will afford the rights of marriage to same-sex couples.”

In the “friend of the court” brief filed by NASW, it notes that same-sex couples are a part of existing families and provide important caregiving to children, as well as other family members.  NASW also notes in their brief that marriage strengthens bonds and increases stability of families.

NASW adopted a policy statement on gay and lesbian issues in 1977, which was revised and expanded in 1987, 1993 and 1996.  NASW stands with other medical and mental health organizations in support of same-sex marriage.

For more information about this decision and NASW’s position, please contact Walter Kalman at 732-248-1590 x11.   

About the National Association of Social Workers
The National Association of Social Workers (NASW), in Washington, DC, is the largest membership organization of professional social workers with 145,000 members. The NASW New Jersey chapter has more than 7,500 members. It promotes, develops, and protects the practice of social work and social workers. NASW also seeks to enhance the well being of individuals, families, and communities through its advocacy.