New Jersey Attorney General Matthew Platkin and the state’s Division on Civil Rights announced this week that violation notices have been issued to 28 municipalities across the state for allegedly violating the Law Against Discrimination by publishing marriage license applications on their websites that exclude certain LGBTQIA+ individuals.

According to a press release from the Attorney General’s Office, the municipalities in question have posted marriage license forms that do not permit nonbinary individuals to apply for marriage licenses unless they misgender themselves by only offering “m” (male) or “f” (female). Such practice is inconsistent with the marriage license application currently published by the New Jersey Department of Health, which offers a third option for nonbinary, undesignated or unspecified gender identities.

“Marriage equality is not just the law. It is a fundamental right,” Platkin said. “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 DCR issued the violations to Audubon, Carney’s Point, Chester Township, Commercial, Delran, Fair Haven, Farmingdale, Hi-Nella, Lopatcong, Lumberton, Manasquan, Milltown, Morris Plains, Morristown, Ocean Gate, Oceanport, Old Bridge, Pemberton, Pennsauken, Pohatcong, Raritan Borough, Stockton, Sussex Borough, Vineland, West Cape May, Westhampton, Westville, and Woodlynne.

“The law in New Jersey is crystal clear: No one can be denied the fundamental right to marry based on their gender identity,” DCR Director Sundeep Iyer said. “Municipalities have an obligation to ensure that they are not excluding LGBTQIA+ individuals from applying for marriage licenses. Today’s enforcement actions underscore our ongoing commitment to ensuring that marriage equality remains a reality for our state’s LGBTQIA+ residents.”

The issued violations stated that the exclusionary gender options on the form are a violation of New Jersey’s Law Against Discrimination, according to the press release. The LAD prohibits a place of public accommodation from discrimination on the basis of real or perceived sex, sexual orientation, gender, gender identity, and gender expression, and makes it unlawful to post communications or notices that indicate any offerings are unavailable based on a person’s sexual orientation, gender, gender identity, or gender expression.

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