NJ Supreme Court Refuses Stay: Marriages of Gay Couples to Begin Monday at 12:01 am

Gay couples will be able to marry at 12:01 am on Monday after the NJ Supreme Court refused to issue a stay in its ruling that the state's ban is unconstitutional

CourtBreaking from Lambda Legal:

Today the New Jersey Supreme Court, agreeing with the lower court's Sept. 27th ruling, denied the State's motion to postpone allowing same-sex couples to marry. Lambda Legal had filed a brief on behalf of Garden State Equality, New Jersey's statewide LGBT advocacy organization, and six same-sex couples who seek the freedom to marry, asking the Court to deny the motion for a stay.

In today's decision, the Court wrote:

"What is the public's interest in a case like this? Like 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."

Said Hayley Gorenberg, Deputy Legal Director of Lambda Legal and the organization's lead attorney on the case: "The long wait in New Jersey is finally over - the door is open for love, commitment and equality under the law! This is a huge victory for New Jersey's same-sex couples and their families. Beginning October 21st, New Jersey's same-sex couples will be able to marry and have the critically important rights, benefits, and protections they need for their families. Take out the champagne glasses - wedding bells will soon be ringing in New Jersey!"

Newark Mayor and Senator-elect Cory Booker plans to marry a number of gay couples in the Capitol Rotunda in the first moments that it is legal to do so.

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Comments

  1. F U Christie!

    Posted by: PDX_Guy | Oct 18, 2013 3:22:28 PM


  2. This is great news! How many states now? 14?

    Posted by: JD | Oct 18, 2013 3:23:23 PM


  3. Wonderful!

    Posted by: Andy Towlette | Oct 18, 2013 3:24:15 PM


  4. Christie's head will explode. Can't wait to hear his asinine response.

    Posted by: Jack M | Oct 18, 2013 3:25:59 PM


  5. I can't believe how much has happened in the past year. Those two wins by popular vote in Maine and Maryland last election REALLY set things into high gear.

    Posted by: jake | Oct 18, 2013 3:29:07 PM


  6. Hahaha! Great news! Eff Christie was my first thought, too!

    Posted by: Jeff | Oct 18, 2013 3:30:09 PM


  7. Great news! Though the outcome of the case is a no-brainer to everyone but Christie's PR machine, they could have issued a stay--but didn't. I guess the fat lady sang. Congrats, NJ!

    Posted by: Ernie | Oct 18, 2013 3:32:07 PM


  8. 14 states is right! New Jersey finally, after years of disappointments, is on the side of equality! Amazing. Ha Ha, Chris Christie, you lose!

    I read thousands of couples in New Jersey have already gotten married out of state in New York and Massachusetts. The state stuck out like a sore thumb, especially considering the populous has long been for marriage equality. So happy that it's finally come to fruition.

    There's a rally in Montclair starting at 7 PM for people who live in New Jersey to celebrate the ruling. Congrats New Jersey gays!

    Posted by: Francis #1 | Oct 18, 2013 3:35:32 PM


  9. Now, does this mean that if I walk over the Ben Franklin Bridge I can marry Corey Booker?

    Posted by: Derrick from Philly | Oct 18, 2013 3:38:25 PM


  10. S*ck it Gov Christie Kreme :-)

    Posted by: NotSafeForWork | Oct 18, 2013 3:38:31 PM


  11. "What is the public's interest in a case like this? Like 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."

    Good luck winning that appeal with the State Supreme Court after a comment like that.

    Hahahaha!!!!! Eat that Christie!

    Posted by: dearcomrade | Oct 18, 2013 3:40:36 PM


  12. equality in NOM's home state! awesome!
    how yuh doin' today, robbie george?

    Posted by: woody | Oct 18, 2013 3:43:02 PM


  13. LMAO! .. But I'm guessing Christie could actually be relieved, because now he can spin it as "judicial activism," which always plays well with the wingnuts on the right.

    Posted by: Fox | Oct 18, 2013 3:44:56 PM


  14. THANK YOU to the couples who started the march to Equality in 2002:

    Mark Lewis and Dennis Winslow
    Suyin and Sarah Lael
    Saundra Toby-Heath and Alicia Heath-Toby
    Craig Hutchison and Chris Lodewyks
    Diane Marini and the late Marilyn Maneely
    Karen and Marcye Nicholson-Mcfadden
    Maureen Kilian and Cindy Meneghin

    and THANK YOU to Garden State Equality and the couples and families who kept the march going:

    Daniel Weiss and John Grant; Marsha Shapiro and Louise Walpin; Maureen Kilian and Cindy Meneghin; Sarah Kilian-Meneghin, a minor, by and through her guardians; Erica and Tevonda Bradshaw; and Teverico Barack Hayes Bradshaw, a minor, by and through his guardians; Marcye and Karen Nicholson-Mcfadden; Kasey Nicholson-Mcfadden, a minor, by and through his Guardians; Maya Nicholson-Mcfadden, a minor, by and through her guardians; Thomas Davidson and Keith Heimann; Marie Heimann Davidson, a minor, by and through her Guardians; Grace Heimann Davidson, a minor, by and through her guardians.

    Posted by: NotSafeForWork | Oct 18, 2013 3:48:09 PM


  15. come on, PA!
    the only northeastern state without marriage equality.
    we need the Keystone!

    Posted by: woody | Oct 18, 2013 3:49:53 PM


  16. This just keeps getting better and better. I know the New Jersey case is unique (with its Supreme Court having long ago ruled civil unions must be equal to marriages, a thing now impossible) ... but still, for a court to refuse a stay while an appeal is pending ... that's just remarkable and fantastic!

    So Happy for New Jersey!

    Posted by: Zlick | Oct 18, 2013 3:54:01 PM


  17. And when will politicians realize that relying on judges to uphold the people's rights to equality only makes the said politicians less relevant, less democratic and exposes their pandering to populism at the expense of fundamental rights.

    Cruz, Bachman, Santorum, et al......isn't it time for a French Revolution ?

    Posted by: JackFknTwist | Oct 18, 2013 3:58:16 PM


  18. This is exactly the precedent we've been waiting for...a ruling on the language in a state constitution. This is the step that leads to nullification of the remaining state constitutional amendments and full marriage equality in the USA!

    Posted by: NotSafeForWork | Oct 18, 2013 4:01:29 PM


  19. Given that the NJ Supremes are unanimous, Christie and his pals should drop the appeal because it's obvious what the outcome will be. Does anyone seriously believe that the NJ Supreme Court would allow same-sex marriages to proceed and then turn around a few months later and nullify them?

    Posted by: rroberts | Oct 18, 2013 4:11:28 PM


  20. also THANK YOU to Lamba Legal, who led the 2002 Lewis case!

    Posted by: NotSafeForWork | Oct 18, 2013 4:14:18 PM


  21. As Zlick referenced, way back in 06, New Jersey's Supreme Court ordered equality in relationships for same-sex couples. In 2009 a commission on the civil unions bill enacted by New Jersey's legislature showed civil unions simply were not equal. The DOMA decision in June made it even more clear civil unions aren't equal. This decision was a long time coming and is so blatantly clear cut that not issuing a stay is clearly the right decision. 14 down!

    Posted by: Francis #1 | Oct 18, 2013 4:16:07 PM


  22. Christie says he disagrees with the ruling, believes there should be a vote but that he will comply with the ruling and help clerks issue out marriage licences and register marriages of gay couples.

    So yeah, although he has literally zero shot at winning and never has, he's still fighting this.

    Posted by: Francis #1 | Oct 18, 2013 4:17:44 PM


  23. Another domino!

    Posted by: DC Insider | Oct 18, 2013 4:24:07 PM


  24. Thank you NJ supes! I'm opening a bottle of champagne right NOW...beside myself with joy!

    Posted by: Paul B. | Oct 18, 2013 5:05:56 PM


  25. Let Christie continue fighting. The NJ Supreme Court will then issue an identical decision on the "merits" of the case, and not just on a motion for a stay. While the opinion regarding the motion for a stay is great and extensive, a second (identical) ruling on the "merits" will be even stronger precedent in other states.

    New Mexico should be next; then probably Hawaii. Illinois --- who knows?

    By the way, the NJ case is another testament to the legacy of US Supreme Court Justice Kennedy. By his decisions in Windsor, and Romer v Evans and Lawrence v Texas, he has done more to advance the legal rights and dignity of gay people than probably another other person in American history.

    Posted by: MiddleoftheRoader | Oct 18, 2013 5:14:14 PM


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