New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4939

Introduced
12/5/22  
Refer
12/5/22  
Report Pass
2/16/23  
Engrossed
2/27/23  
Refer
2/28/23  
Report Pass
6/12/23  
Enrolled
6/20/23  
Chaptered
9/5/23  

Caption

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

Impact

The enactment of A4939 would solidify the non-discriminatory nature of marriage laws in New Jersey, reinforcing that the state will not interfere with the right to marry regardless of racial background. By establishing this foundational legal framework, the bill aims to prevent potential future challenges that might arise at the state level regarding interracial marriages, given changes in the national legal landscape surrounding personal rights. This measure adds crucial protections to ensure that individuals cannot be discriminated against based on race within marriage and civil unions.

Summary

Assembly Bill A4939 is a legislative measure introduced in New Jersey that establishes the fundamental right of individuals to marry or enter into a civil union with persons of any race. The bill explicitly states that race cannot be a prohibiting factor in the marriage process, aiming to codify protections that have been shaped by historical rulings such as Loving v. Virginia (1967), which legalized interracial marriage across the United States. The legislation seeks to reaffirm and protect interracial marriage in light of concerns stemming from recent Supreme Court decisions that have altered previous understandings of personal freedoms.

Sentiment

Support for A4939 appears to be largely positive among legislators, who view it as an essential affirmation of civil rights and personal freedoms in the context of marriage. The general sentiment underscores a commitment to combating racial discrimination and promoting equality. However, there are counter-arguments raised by some who express concerns about overreaching protections or the necessity of such a law, positing that existing laws already safeguard these rights sufficiently. Nevertheless, the prevailing view within the legislature seems to prioritize the bill as a safeguard against any potential regression in personal rights.

Contention

Key points of contention surrounding A4939 revolve around the need for explicit statutory protections in light of shifting federal stances on personal freedoms. Critics question whether such legislative measures are redundant given existing legal protections. Supporters, however, argue that recent legal precedents compel a proactive approach to safeguard against potential discrimination that could arise if court interpretations of individual rights were to change. This debate reflects broader societal tensions regarding race and personal rights, emphasizing the need for continued vigilance in protecting equality within marriage.

Companion Bills

NJ S3719

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

Previously Filed As

NJ S3719

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

NJ A4965

Authorizes persons serving overseas in military to be married or enter into civil union by video conference or other electronic means.

NJ A309

Authorizes persons serving overseas in military to be married or enter into civil union by video conference or other electronic means.

NJ A2638

Provides religious exemption for clergy and religious organizations concerning same-sex marriages and civil unions.

NJ A2301

Updates certain provisions concerning legal settlements and persons in mental health facilities to reflect changes in civil union, same sex marriage, and parentage laws.

NJ HB1300

Relating to authorizing a marriage between two persons of the same sex in this state and repealing the statutory prohibition against the recognition of a civil union or similar relationship entered into in another state between two persons of the same sex.

NJ SB98

Relating to authorizing a marriage between two persons of the same sex in this state and repealing the statutory prohibition against the recognition of a civil union or similar relationship entered into in another state between two persons of the same sex.

NJ HB130

Relating to authorizing a marriage between two persons of the same sex in this state and repealing the statutory prohibition against the recognition of a civil union or similar relationship entered into in another state between two persons of the same sex.

NJ A4252

Limits information required to be provided on marriage or civil union license form.

NJ HB20

Relating to authorizing a marriage between two persons of the same sex in this state and repealing the statutory prohibition against the recognition of a civil union or similar relationship entered into in another state between two persons of the same sex.

Similar Bills

VA HJR1

Constitutional amendment; fundamental right to reproductive freedom (first reference).

NJ S3719

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

WV HJR30

Amending the Constitution to provide for the right to food, food sovereignty and freedom from hunger

WV HJR105

Amending the Constitution to provide for the right to food, food sovereignty and freedom from hunger

VA SJR247

Constitutional amendment; fundamental right to reproductive freedom (first reference).

VA SJR1

Constitutional amendment; fundamental right to reproductive freedom (first reference).

WV HJR12

Amending the Constitution to provide for the right to food, food sovereignty and freedom from hunger

US SCR3

A concurrent resolution affirming the importance of religious freedom as a fundamental human right that is essential to a free society and protected for all people of the United States under the Constitution of the United States, and recognizing the 237th anniversary of the enactment of the Virginia Statute for Religious Freedom.