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NJ Judge: no stay in marriage ruling

Timothy Kincaid

October 10th, 2013

When Judge Mary Jacobson ruled that civil unions and marriages no longer are afforded the same rights and benefits (due to the new federal recognition of same-sex marriages) and that the state of New Jersey must allow and recognize marriages between same sex couples, she gave a date for when her ruling would come into effect: October 21, 2013.

When Governor Chris Christie appealed that ruling, he also requested that at stay be placed on the ruling such that it does not come into effect until the Supreme Court had weighed in on her decision. Today Judge Jacobson denied that request. (WaPo)

A judge refused Thursday to delay the start of same-sex marriage in New Jersey until a legal appeal can be settled, denying efforts by Gov. Chris Christie’s administration to put off gay weddings.

“Granting a stay would simply allow the state to continue to violate the equal protection rights of New Jersey same-sex couples, which can hardly be considered a public interest,” Judge Mary Jacobson wrote.

Christie will now appeal the denial of stay to a higher court. And that may be the decision that brings New Jersey into the Equality State column.

If the higher court overrides Jacobson and puts a stay on her ruling pending appeal, then we will all have to wait until the case runs its course. However, if they refuse to place a stay – as I suspect they may do – then it’s pretty much a done deal. Yes the official ruling will be delayed until the process is complete, but once marriage start they are not going to stop.

There is zero chance that the court will allow marriages to proceed without stay, only to later reverse Judge Jacobson’s decision.

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