New Jersey Senate Bill S3719

New Jersey 2022-2023 Regular Session

• Introduced: 3/13/23
• Refer: 3/13/23
• Report Pass: 6/12/23

Caption

Establishes fundamental freedom of person to marry or enter into civil union with person of any race.

Impact

Should S3719 become law, it would explicitly protect the fundamental right of individuals to marry regardless of race, making it clear that race cannot be a prohibitive factor. This legislative move is particularly timely given the recent judicial environment where the U.S. Supreme Court has reversed various precedents, prompting concerns that rights previously guaranteed might be contested at the state level. This act reaffirms New Jersey's commitment to preventing racial discrimination in marriage and civil unions.

Summary

Senate Bill S3719, introduced in New Jersey, seeks to establish the fundamental freedom for individuals to marry or enter into a civil union without regard to race. This bill highlights the historical context that New Jersey has never enacted legislation prohibiting interracial marriage, differentiating itself from other states that had restrictive laws until overruled by the Supreme Court in the landmark case Loving v. Virginia in 1967. It emphasizes that the right to marry across racial lines is a fundamental citizens' right that should be protected under state law.

Contention

While there appears to be broad support for S3719, potential points of contention might arise regarding interpretations of 'fundamental rights' within the context of contemporary debates over civil liberties. Some may argue against the need for such explicit legislation in a state that has historically not placed restrictions on interracial marriage. Moreover, discussions around civil unions and their equivalency to marriage may invite divergent opinions on the implications of gender and race neutrality in existing marriage laws.