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Those seeking to marry in New Jersey face a 72-hour waiting period between the initial application for license and the ceremony. “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.”
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Rabner also rejected the state’s argument to wait on deciding whether to lift the stay until the issue itself was decided. “Under these circumstances, courts do not have the option to defer.” “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. But the constitutional issue of equal rights was more important to the court. In Friday’s opinion, Justice Rabner wrote that the state has not shown that it is likely to prevail in the case. Legal fights are pending in several arenas including North Carolina and Utah. The federal move shifted the battle for same-sex marriage to the state court level. Supreme Court in June struck down parts of the federal Defense of Marriage Act. The ruling in New Jersey is the latest in the legal battles set off when the U.S. “The harm to them is real, not abstract or speculative.”Ĭhristie, considered a possible GOP presidential contender in 2016, favors civil unions and believes that the same-sex marriage decision should be made by New Jersey voters. “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. But in its 20-page ruling, the court made it clear that the state’s desire to wait did not pass constitutional muster. The high court did not rule on the issue itself, which remains on appeal with oral arguments scheduled for early next year. Chris Christie’s administration is appealing that decision and sought to delay the marriages during the process. Technically, the New Jersey Supreme Court rejected a state request to stay a lower court ruling that ordered New Jersey to recognize same-sex marriages. Same-sex weddings in New Jersey might begin as soon as Monday after the state’s highest court on Friday unanimously upheld a lower court order that called for gay marriages to begin on that day.