U.S.

NJ Supreme Court says same-sex marriage can start Monday

Denies state's request for a stay until January, effectively legalizing marriage in the state

Suzanne Katz, left, and partner Mirna Montejo at a rally in support of gay marriage in Montclair, N.J.
Jeff Zelevansky/Reuters

New Jersey’s Supreme Court ruled Friday that same-sex marriages can start in the state on Monday, denying Gov. Chris Christie’s request to put them on hold while an appeal to legalizing gay marriage is considered. The decision means New Jersey will become the 14th state to permit same-sex marriage in the United States.

The ruling is a big win for gay rights groups, which just last month celebrated a decision by a Mercer County judge who ruled that same-sex couples in the state must be given the same rights as others in light of the U.S. Supreme Court’s decision to strike down the Defense of Marriage Act (DOMA).

Christie had asked the New Jersey Supreme Court to freeze the Mercer County ruling until the court hears the state’s appeal in January and issues a final decision. But the court said in its ruling that the state had "not shown a reasonable probability it will succeed on the merits."

"What is the public's interest in a case like this?" the Supreme Court's decision read. "Like (Mercer County) Judge Jacobson, we can find no public interest in depriving a group of New Jersey residents of their constitutional right to equal protection while the appeals process unfolds."

All seven judges on the court joined the opinion, strongly suggesting they are prepared to accept same-sex marriage permanently in January.

Recent polls have shown that about 60 percent of New Jersey residents believe same-sex marriage should be legal in the state.

But Christie, a Republican, has said he favors the idea of civil unions, adding that any marriage initiative should be decided only by public referendum, not in the courts. The idea for a referendum gained momentum last year, with 55 percent of New Jerseyans supporting one, but a question was never added to the ballot.

The end of DOMA gave the case a legal edge, according to Hayley Gorenberg, a lawyer with Lambda Legal, which represented the plaintiffs in the recent state Supreme Court case.

“It wasn’t until the Supreme Court of the United States ended (DOMA) that there was no longer any barrier to same-sex married couples having federal benefits, but because New Jersey doesn’t allow people to get married, these couples weren’t getting equality,” she said.

Christie's office said the governor disagreed with Friday’s ruling but will comply with it.

Al Jazeera and wire services

Related News

Find Al Jazeera America on your TV

Get email updates from Al Jazeera America

Sign up for our weekly newsletter

Related

Get email updates from Al Jazeera America

Sign up for our weekly newsletter