NJ Jersey Judge Says “NO” to Gov.Christie’s Request to Delay Gay Marriage
Superior Court Judge Mary Jacobson during oral arguments on Aug. 15. ON Thursday she denied a stay on permitting same-sex marriages in New Jersey.
APA New Jersey judge has denied the state's request for a stay in her order to legalize same-sex marriage on Oct. 21.
New Jersey requested the stay and appealed Superior Court Judge Mary C. Jacobson's Sept. 27 ruling that the state's civil union law effectively denied gay couples equal rights. Her ruling also ordered that gay couples be allowed to marry as of Oct. 21.
Jacobson denied the state's request "because of the irreparable harm that would be caused to Plaintiffs by the granting of a stay.”
The ruling is a blow to Gov. Chris Christie's administration's efforts to defend the state's civil union law. Christie has repeatedly said he believes marriage is between a man and a woman and that any change in the law should be put to a vote rather than legalized by judicial decree or legislative action.
Christie had vetoed a 2012 bill that would have legalized same-sex marriage. Democrats in the Legislature have been seeking enough votes to override that veto, but even though several GOP lawmakers decided to support an override, more votes are needed to reach the two-thirds of members required.
The state in its appeal argued the denial of a stay would result in irreparable injury. Jacobson, the assignment judge in Mercer County, disagreed.
"In making this argument, however, the State ignores the largely abstract nature of the harm it alleges, which pales in comparison to the concrete harm caused to Plaintiffs by their current ineligibility for many federal marital benefits, and the significant litigation burden they would have to shoulder to challenge federal denial of marital benefits to civil union couples," Jacobson wrote.
Her denial of the stay was considered a victory by the advocacy groups seeking legalized same-sex marriage.
"This is wonderful news!" said Hayley Gorenberg, the deputy legal director ofLambda Legal who filed the brief seeking to legalize gay marriage. "The court's decision once again confirms that the hardships of not being able to marry are real and immediate."
John Tomicki — executive director of the League of American Families, an organization that does not favor legalized same-sex marriage — said Jacobson's denial was expected.
"We hope that the Supreme Court will take the case quickly so that the full constitutional issues that are now presented can be heard," said Tomicki. "And we would believe that, in all fairness, the Supreme Court will grant a stay."
Lambda Legal's brief was filed after the U.S. Supreme Court struck down the federal Defense of Marriage Act in June, saying the law wrongly denied federal benefits to gay couples married in states with legal same-sex marriage.
New Jersey, however, only allows gay couples to enter civil unions, which made them not eligible for federal benefits under the Supreme Court ruling. Lambda Legal sought summary judgment declaring that the state's civil union law denied legal rights granted under the federal court decision. New Jersey opposed Lambda Legal's brief.
Jacobson ruled in Lambda Legal's favor.
New Jersey United For Marriage Campaign Manager Mike Premo said Jacobson's denial of the stay was a "historic moment." Premo, though, added that his group would continue to push for a legislative remedy as well.
"We can't stop now," he said.
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