US: New Jersey Supreme Court agrees to hear appeal against equal marriage by Governor
The Supreme Court in the US state of New Jersey has agreed to take on the appeal against equal marriage by the Governor’s administration.
The court on Friday announced its decision to take on the case, ignoring the regular protocol of letting a lower appeals court rule on it first. Oral arguments are expected to take place in January.
New Jersey Judge Mary Jacobson last month ruled that because the US federal government now recognises same-sex marriage, the state government in New Jersey would violate its constitution by not doing so. She said same-sex marriages should be allowed to take place from 21 October.
She declined the request on Thursday, saying in her opinion that a delay “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.”
Equal marriage advocates expressed joy at the ruling, which they said moves New Jersey closer to marriage equality.
Governor Christie maintains that the decision should be made by referendum, rather than politicians, and his administration’s ruling said that the decision should not come down to one judge.
The US Supreme Court in June struck down the Defense of Marriage Act (DOMA), and ruled that civil unions do not provide the same benefits as marriage.
Christie in June said the opposite, and that the strike-down of DOMA “was wrong”.
Alongside Pennsylvania, New Jersey was the only north east state where same-sex marriage is not legal.