TRENTON – The judge who said last month that gay couples should be allowed to marry in New Jersey starting Oct. 21 will not stay her ruling pending higher-court review.
Superior Court Judge Mary Jacobson ruled against the Christie administration’s request for a stay of her Sept. 27 decision in case the state Supreme Court takes up the case.
Jacobson ruled last month that in light of a U.S. Supreme Court decision earlier this year, New Jersey same-sex couples were being denied their rights under the state’s civil union law.
She ruled that when the nation’s highest court ruled against the Defense of Marriage Act, that effectively meant New Jersey’s approach to same-sex unions was denying such couples equal rights under the Constitution.
Jacobson said that starting Oct. 21, gay couples should be allowed to wed in New Jersey.
That set in motion a flurry of legal activity.
Both sides of the issue have asked the state Supreme Court to immediately take up the case. The state high court has not yet announced its decision.
Senate Democrats said they will pursue an override of Gov. Chris Christie’s veto in late 2012 of a gay marriage bill. The Democrats would need three no votes to change to yes votes for that to happen.