Dem AG Wants To Punish Cities For Having ‘Male’ And ‘Female’ Options On Marriage Forms

Over two dozen New Jersey municipalities are on the hook for up to $10,000 if they don’t change marriage forms that force “nonbinary people” to “misgender themselves under oath,” Attorney General Matthew J. Platkin announced Wednesday.

Cities must include additional gender options beyond male or female, according to Platkin and the New Jersey Division on Civil Rights (DCR), who sent notices advising 28 municipalities that excluding “certain LGBTQIA+ individuals” violates New Jersey’s Law Against Discrimination (LAD). Municipalities will be subject to financial penalties unless agree to change their license form, ensure all “gender-restrictive” language is wiped from the website and adopt a written anti-discrimination policy.

Additionally, all government employees involved with issuing licenses must undergo an anti-discriminations LAD training.

“Marriage equality is not just the law. It is a fundamental right,” said Platkin in a statement. “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 marriage license application provided by the New Jersey Department of Health includes a third gender option for “nonbinary applicants and other people with undesignated or unspecified gender identities,” which the attorney general cites as consistent with state civil rights law.

The Notices of Violation sent to municipalities are part of the New Jersey DCR’s Marriage Equality Enforcement Initiative, an effort launched in October 2022 designed to ensure local governments provide “gender-inclusive and non-discriminatory marriage licensing applications,” according to the attorney general.

Platkin did not immediately respond to a request for comment.

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