Issue:  2007-02-07

Insurance Pool Fund Caps Civil Union Discrimination Suit Payouts

♦ New Jersey

TRENTON, N.J., February 7 – The Municiple Excess Liability Joint Insurance Fund board capped at $25,000 any payouts that might arise from a civil union discrimination suit against officials who refuse to perform the ceremony as required by a new state law.

The fund, which covers insurance pools for 374 municipalities in the state, took the action after some officials said they would not perform civil union ceremonies for same sex partners when the new law takes effect.

The civil union law was passed December 14 and went into effect February 19.

David Grubb, the executive director of the fund, said the policy would limit the amount for claims arising out of any loss, cost or expense pertaining tothe performance, failure to perform or refusal to perform a marriage or civil union. He said, It would not be appropriate to spend public money in order to fight that issue up and down the courts in the event a local official refused to perform the civil union.

The issue is that mayors, for example, may want to continue performing marriages but might be against a civil union for same sex partners because of personal beliefs.

The state attorney general has ruled that officials who want to perform marriages must also perform civil unions. But they can refuse to perfom both, the attorney general held.

The pool is not required to provide funds for intentional violations of the law, but it must provide money until a court determines if the violation was deliberate.

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