On September 27, 2013, Judge Mary Jacobson of Mercer County ruled that New Jersey must recognize same-sex marriage (Garden State Equality v. Dow) as of October 21, 2013 on the grounds that the U.S. Supreme Court ruling in U.S. v. Windsor required New Jersey to recognize same-sex marriage because partners in civil unions are being denied federal benefits in violation of the state constitution. Read more.. http://www.divorcemag.com/articles/new_jersey_divorce_news/marriage-equality-law-in-new-jersey.html
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Marriage Equality Law in New Jersey
1. Marriage Equality Law in New Jersey
By Dessy Pavlova
On September 27, 2013, Judge Mary Jacobson of Mercer County ruled that New Jersey
must recognize same-sex marriage (Garden State Equality v. Dow) as of October 21,
2013 on the grounds that the U.S. Supreme Court ruling in U.S. v. Windsor required
New Jersey to recognize same-sex marriage because partners in civil unions are being
denied federal benefits in violation of the state
constitution.
Gov. Chris Christie vetoed the same-sex legislative
bill that passed both houses in February 2012. "My
view is: If you want to change it, put it on the ballot.
Let everybody decide. It shouldn't be decided by
courts, it shouldn't be decided by politicians in
Trenton. It should be decided by everybody. If the
majority of the people of New Jersey want same-sex
marriage, I'll enforce the law."
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The Governor's office is seeking a direct New Jersey
Supreme Court review and a short-term stay of the
ruling. According to Deputy Attorney General Jean
Reilly, if the order takes effect on October 21st, it would cause a "thorny thicket of
complex and novel constitutional issues," and that if the order is later reversed, revoking
same-sex marriage licenses would be "virtually impossible." The stay will last until the
Supreme Court issues its response, simplifying the positions federal agencies such as
the Internal Revenue Service can take in regards to civil union discrepancies between
federal and state laws.
"Right now, we are all on the edge of our seats waiting to see what happens next...
whether Jacobson's October 21 start date for same-sex marriage will remain in place or
if Gov. Christie will be successful in his motion to stay this ruling and appeal. However,
even if the case does go before the State Supreme Court, as Christie hopes it will, there
is no denying the feel in the air in New Jersey that marriage equality is going to happen,
and it's likely to happen soon," says Bari Weinberger, founder of Weinberger Law
Group.
2. According to a Quinnipiac University Polling Institute survey of 1,144 New Jersey likely
voters, 59 - 33 support same-sex marriage, with a 2.9 margin of error percentage point.
Director of the study Maurice Carroll says that voters want Gov. Christie to drop his
appeal of the judge's ruling so same-sex couples can marry in the Garden State and
that if he doesn't, the State Legislature should override his veto of legislation, but that
his position has not diminished his popularity.