Discriminatory Language Found In Chester Marriage License Forms

CHESTER, NJ — Chester Township has been cited by the state attorney general's office for allegedly violating state law by excluding certain LGBTQ individuals from marriage license applications on their websites.

The notices of violation were issued to 28 municipalities that have posted marriage license application forms that do not allow nonbinary individuals to apply for marriage licenses unless they misgender themselves under oath as either "m" (male) or "f" (female).

This is in violation of the Department of Health's marriage license application rules, "which has included a third gender option for nonbinary applicants and other people with undesignated or unspecified gender identities since 2019," according to the state notice.

In each case, the notice of violation states that the township's marriage application form's exclusionary gender options violate New Jersey's Law Against Discrimination (LAD).

The LAD prohibits discrimination in places of public accommodation based on 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 because of a person's sexual orientation, gender, gender identity, or gender expression.

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

The notice has warned that Chester Township could be subject to penalties of up to $10,000. Each of the 28 municipalities was also offered a settlement as part of the notice, the state said.

That settlement agreement requires, among other things, that the municipality:

• Update its websites to state that marriage licenses are available to qualifying couples of all gender compositions.
• Update its websites to include, or link to, the New Jersey Department of Health’s Application for License: Marriage, Remarriage, Civil Union, or Reaffirmation of Civil Union, as well as DOH’s Same-Sex Marriage Frequently Asked Questions.

• Ensure that its website does not contain gender-restrictive language regarding who may obtain a marriage license and that the services the municipality offers will be open to all persons on an equal basis without regard to sex, sexual orientation, gender, gender identity, or gender expression.
• Adopt a written policy prohibiting discrimination against persons using or seeking to use the municipality’s offerings and services.

"The law in New Jersey is crystal clear: No one can be denied the fundamental right to marry based on their gender identity," DCR Director Sundeep Iyer said. "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."

The state said the language cited in the violations was first noted in a July 2022 report by the Latino Action Network, Hudson P.R.I.D.E., and Garden State Equality.

Read more: Child Marriage Legal, Same-Sex Not: Outdated Info Given To NJ Couples

According to the report, certain municipalities' websites violated the LAD by explicitly limiting marriage licenses to "opposite-sex couples." DCR's investigation uncovered additional discriminatory language used by municipalities, including the exclusionary gender options identified in today's notices of violations.