NJ & CT News

Same-Sex Marriage: Christie Gives Up the Fight

In October, New Jersey Governor Chris Christie officially put an end to the government's campaign to keep same-sex marriage out of the State, bowing to the courts that had held that gay civil union legislation was not enough. New Jersey's Supreme Court refused on Oct. 18 to impose a stay on the Oct. 21 start date for gay marriages. That Sept. 27 order came from Judge Mary Jacobson, who found that civil union partners were being denied equal access to federal benefits. In declining to impose the stay, the Supreme Court acknowledged its agreement with Judge Jacobson's concerns, stating, “The state has advanced a number of arguments, but none of them overcome this reality: Same-sex couples who cannot marry are not treated equally under the law today. The harm to them is real, not abstract or speculative.” It also found the government was not likely to prevail on the merits of its appeal. With the State's court challenges completed, the next step is likely legislative action to codify Judge Jacobson's order and to address questions that it left unanswered, such as whether clergymen can legally refuse to perform same-sex marriages on religious ground. Legislation addressing these issues passed last year but was vetoed by Gov. Christie.