When the New Jersey Supreme Court ruled that same-sex couples had to be given all the rights of marriage, they left the door open for the legislature to create some parallel structure that they could claim was equal to marriage.
Well, separate but equal has never been equal, and it still isn't and from of all things, UPS in New Jersey is showing us just how true that is.
UPS, yes, your friendly neighborhood (OK, maybe not neighborhood) delivery service provides benefits for LGBT married couples in Massachusetts, which of course has equal marriage. And, straight married couples get those benefits everywhere. However, we learn that "civilly unionized" couples in New Jersey cannot get these benefits from UPS. Why? Because they are not married. Sayeth the folks at UPS:
UPS says it isn't anti-gay, pointing out it already provides spousal benefits to same-sex couples in Massachusetts where gay marriage is legal. But the company says a civil union isn't marriage and under its union contracts benefits are available only to legally married couples who are in the bargaining units.
(emphasis mine)
As you might guess, there are some LGBT couples who are a little upset about this. The Newark Star-Ledger has the following about one couple, with comments from Lambda Legal attorney David Buckel:
"We were supposed to be treated equally. We should be treated equally," said Heather Aurand, who was denied health care coverage by UPS, which employs Aurand's civil union partner, Gabriael "Nickie" Brazier.
Buckel said the case of Brazier and Aurand is a new wrinkle, as they were turned down not because they are of the same sex, but because of the label New Jersey gave to their relationship.
While one might take issue with UPS (as I do) with this, there is a greater issue to be taken with the powers that be who steadfastly refuse to treat LGBT couples equally under the law -- which can only occur through marriage. From 365gay.com:
UPS is the latest in a growing number of businesses in New Jersey refusing to provide spousal benefits to the same-sex partners of workers and LGBT civil rights advocates say it is yet another example of how the law, by not using the term marriage, isn't working.
To be fair, it isn't just UPS who is doing this.
Nearly one in eight couples who have had civil unions have been turned down for company benefits said Steven Goldstein, the head of Garden State Equality.
I am grateful to live in Massachusetts, where the majority of the legislators, the governor, and - it seems - a majority of the state residents understand that being married is one of the rights of marriage. It's unfortunate that this wasn't recognized in New Jersey.
"The Legislature said: You folks aren't worthy of marriage. That has an impact," said David Buckel, a lawyer with the gay rights organization Lambda Legal. "If the New Jersey Legislature would just take back the invitation to discriminate, UPS would do the right thing."
"This is a problem the Legislature created," added Steven Goldstein, chairman of the gay rights group Garden State Equality. "Civil unions are never in our lifetime going to be respected by employers like marriage."
Tom Walton of East Brunswick put it quite succinctly -- and it's a shame that none of the strongest contenders for the Democratic Presidential nomination can figure this out.
"It's upsetting," Walton said. "We were told this law was going to give us the same benefits as everybody else, even though they weren't calling it marriage. It just goes to show when something is separate, it's never equal."
Apologies if this has been diaried already. I did not find any on the search.