-- New Jersey Gov. Chris Christie says he disagrees with it, but he will comply with a state Supreme Court ruling that makes same-sex marriage legal in the state starting Monday.
Christie spokesman Michael Drewniak says in a statement that the governor "firmly believes that this determination should be made by all the people of the state of New Jersey."
But he says the state Health Department will help towns carry out Friday's state Supreme Court ruling. The court denied the Christie administration's request to delay a lower-court order that the state recognize same-sex marriage beginning Monday. Same-sex marriages will begin within days in New Jersey after the state's highest court ruled unanimously Friday to uphold a lower-court order that gay weddings must start Monday and to deny a delay that was sought by Gov. Chris Christie's administration.
"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 court said in an opinion by Chief Justice Stuart Rabner. "The harm to them is real, not abstract or speculative."
A judge on the lower court had ruled last month that New Jersey must recognize same-sex marriage and set Monday as the date to allow gay weddings. Christie, a Republican who is considered a possible 2016 presidential candidate, appealed the decision and asked for the start date to be put on hold while the state appeals. The state's top court agreed last week to take up the appeal of the lower-court ruling by Judge Mary Jacobson. Oral arguments are expected Jan. 6 or 7. In Friday's opinion, Rabner wrote that the state has not shown that it is likely to prevail in the case, though it did present some reasons not to marriage to move forward now.
"But when a party presents a clear case of unequal treatment, and asks the court to vindicate constitutionally protected rights, a court may not sidestep its obligation to rule for an indefinite amount of time," he wrote. "Under these circumstances, courts do not have the option to defer."
Rabner also rejected the state's argument that it was in the public interest not to allow marriages until the court has had more time to rule fully on the issue.
"What is the public's interest in a case like this?" he wrote. "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."
On Thursday, some communities started accepting applications for marriage licenses from same-sex couples so that they would pass the 72-hour waiting period by 12:01 a.m. Monday. Several communities, including Asbury Park and Lambertville, are holding ceremonies for multiple couples then.
Christie spokesman Michael Drewniak says in a statement that the governor "firmly believes that this determination should be made by all the people of the state of New Jersey."
But he says the state Health Department will help towns carry out Friday's state Supreme Court ruling. The court denied the Christie administration's request to delay a lower-court order that the state recognize same-sex marriage beginning Monday. Same-sex marriages will begin within days in New Jersey after the state's highest court ruled unanimously Friday to uphold a lower-court order that gay weddings must start Monday and to deny a delay that was sought by Gov. Chris Christie's administration.
"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 court said in an opinion by Chief Justice Stuart Rabner. "The harm to them is real, not abstract or speculative."
A judge on the lower court had ruled last month that New Jersey must recognize same-sex marriage and set Monday as the date to allow gay weddings. Christie, a Republican who is considered a possible 2016 presidential candidate, appealed the decision and asked for the start date to be put on hold while the state appeals. The state's top court agreed last week to take up the appeal of the lower-court ruling by Judge Mary Jacobson. Oral arguments are expected Jan. 6 or 7. In Friday's opinion, Rabner wrote that the state has not shown that it is likely to prevail in the case, though it did present some reasons not to marriage to move forward now.
"But when a party presents a clear case of unequal treatment, and asks the court to vindicate constitutionally protected rights, a court may not sidestep its obligation to rule for an indefinite amount of time," he wrote. "Under these circumstances, courts do not have the option to defer."
Rabner also rejected the state's argument that it was in the public interest not to allow marriages until the court has had more time to rule fully on the issue.
"What is the public's interest in a case like this?" he wrote. "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."
On Thursday, some communities started accepting applications for marriage licenses from same-sex couples so that they would pass the 72-hour waiting period by 12:01 a.m. Monday. Several communities, including Asbury Park and Lambertville, are holding ceremonies for multiple couples then.
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