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Time for a celebration
For state, a civil thing to do
Sunday, February 18, 2007
BY ROBERT SCHWANEBERG
Star-Ledger Staff
Cindy Meneghin and Maureen Kilian of Butler plan to celebrate their civil union in a big way -- with a church ceremony in front of 200-plus guests and a reception afterward.
Plaintiffs in the pioneering lawsuit that led to civil unions, they still hope the day will come when New Jersey allows same-sex couples to marry.
"We just don't want to wait any longer," Meneghin said. "We're 49 years old, and we've waited 32 years to do this. We don't want to wait on the New Jersey Legislature to do it right."
Lill Rimac and Donna Waliky of Rockaway will have a quiet civil union at borough hall next week.
"We're just going to get together with a few friends of ours and go out in true rugby tradition for a few pints," Waliky said. They had a big celebration in 2001 -- with 160 guests, a three-tiered cake and a white gown and tux -- that conferred no legal recognition whatsoever.
"In our minds, that was the wedding and Tuesday the 27th will be the paperwork," Waliky said.
The law creating civil unions in New Jersey takes effect tomorrow. The occasion is both historic and symbolic.
Gay and lesbian couples who enter civil unions will gain all the benefits and obligations -- more than 800 -- that state law confers on married spouses.
But like the vast majority of their peers nationwide, same-sex partners here remain excluded from marriage. Whether they ever will attain it is an open question.
In Massachusetts, where the highest court mandated same-sex marriage in 2003, a backlash has fueled efforts to amend the state constitution to prohibit future gay weddings.
Twenty-six states have written bans on same-sex marriage into their constitutions. Eighteen of those can be read to outlaw any legal recognition of same-sex unions.
The reasoning of the Massachusetts justices that equal justice requires same-sex marriage has been rejected by all eight American appeals courts that have considered it, including the New Jersey Supreme Court.
"I think it's fair to say at this point the nation has in very large part rejected the call to revolution issued by the four justices of the Massachusetts Supreme Judicial Court," said Monte Stewart, president of the Utah-based Marriage Law Foundation. "At the intellectual level, the battle over constitutionality was over some time ago, and man-woman marriage won."
Gay rights activists have a very different perspective.
"I don't think the lesbian and gay community in the United States will ever settle for second-class status," said Jon Davidson, legal director of the gay rights group Lambda Legal. "We might be there for a while, but we're not going to stay there."
Davidson is encouraged by developments since 2000, when Vermont, under orders from its highest court, became the first state to recognize civil unions. New Jersey becomes the fifth to give same-sex couples all the benefits that accompany marriage, whatever the title.
"You have 21 percent of same-sex couples living in jurisdictions where they can access all those rights," Davidson said. "Seven years ago, it was zero."
In New Jersey, the gay rights group Garden State Equality plans an all-out push to win legislative approval of same-sex marriage within two years.
"The momentum in New Jersey for marriage equality is huge," said Steven Goldstein, the group's chairman.
Last week, a group of clergy members and activists launched a petition drive aimed at amending the state constitution to restrict marriage to one man and one woman. The state's Catholic bishops, who support that effort, have designated next Sunday as "a day of special prayer for the preservation of marriage."
Stewart, who opposes "genderless marriage," said, "There are still some key battles left to fight."
Legislative efforts to legalize same-sex marriage are under way in New York and Washington, among other states, while lawsuits seeking marriage equality are pending before the highest courts of California, Connecticut and Maryland.
A victory in California, Goldstein said, could trigger "a sea change" in public attitudes. But he added that winning equality in some states that have rejected same-sex marriage "will take a generation."
For now, and possibly for decades to come, the result is a nationwide hodgepodge of differing legal protections for same-sex couples, none of which may command much respect in other states.
"There's some concern about the possibility of losing rights by entering a civil union," said Laura Pople, president of the New Jersey Gay and Lesbian Coalition. She said there are serious questions whether companies in New York and Pennsylvania that grant benefits to their employees' domestic partners will recognize New Jersey civil unions.
"If it were marriage, it would be clear," Pople said.
Even so, many same-sex couples are eager to form civil unions. Municipal officials in South Orange, Lambertville and Asbury Park plan to open their doors just after midnight to accommodate couples determined to be among the first to have a civil union. Despite the holiday, Asbury Park will reopen city hall tomorrow from 10 a.m. to 2 p.m. to issue licenses for civil unions.
Once they obtain a license, couples must wait 72 hours to have the civil union performed.
That waiting period is not required for couples who already have civil unions in other states and want to reaffirm them. In Teaneck, Goldstein and his partner of 15 years, Daniel Gross, planned to reaffirm their 2002 Vermont civil union just after midnight, giving them a claim on the first civil union performed in New Jersey.
Waliky and Rimac have arranged to get their license on Tuesday and have a low-key civil union a week later. They already had the big celebration -- in a "gigantic tent" on a family farm in Clinton, in 2001, Waliky said.
"It was like any other American wedding. Lill and I exchanged vows in front of all our family and friends," Waliky said. "I wore the gown; Lill wore the tux. It was a perfect day."
They want a civil union for the legal protection it provides, Waliky said. Four years ago, she explained, Rimac was diagnosed with a brain tumor. The surgery was successful, but the memories remain.
"We had to raise holy hell to get me into the emergency room to see her," Waliky said. "It was a real eye-opener to us that we needed to protect ourselves."
And if New Jersey ever legalizes same-sex marriages?
"Sure, we'll redo the whole ceremony," Waliky said. "It will be like an anniversary. We'll probably do it on the same date, and God willing, on the same spot."
When Kilian and Meneghin joined six other same-sex couples in a lawsuit filed by Lambda Legal in 2002, they hoped it would allow them to marry. The state Supreme Court ruled in October they deserve all the benefits conferred by marriage, but left it up to lawmakers whether to call it that or something else. The Legislature passed a bill creating civil unions.
Civil unions work just like marriage: the couple obtains a license and can have the actual ceremony performed either by a public official or member of the clergy.
"The church ceremony is the most important part to us," Meneghin said. They plan to be united Saturday at the Church of the Redeemer in Morristown by the rector, Rev. Philip Wilson, an Episcopal priest.
"It will be the regular church service for marriage, slightly amended, because we are not allowed to use the words 'marriage' or 'spouse' or 'wife,'" Meneghin said.
They met in high school and have been together 32 years. Their 14-year-old son, Joshua Kilian-Meneghin, will be best man and his 12-year-old sister, Sarah, will be maid of honor.
"We want to celebrate how far we've come, even knowing we have a fight ahead of us to attain full equality," Kilian said.
It is a fight Meneghin is convinced they will win in the long run.
"It's just a matter of people being able to get their hearts and minds around the truth," she said. "The truth is we are a married couple without the same rights and protections of a married couple. The law and society will catch up."
Robert Schwaneberg may be reached at
[email protected] or (609) 989-0324.
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