Plaintiffs had hoped for earlier ruling on whether state is required to legalise gay marriage in wake of Doma decision
A New Jersey judge says her decision on whether the state is constitutionally required to legalize gay marriage will be delivered as early as September, hindering gay couples who had hoped for an immediate ruling.
After the US supreme court struck down the Defense of Marriage Act in June, plaintiffs had hoped superior court judge Mary Jacobson would on Thursday order New Jersey to allow gay marriages as part of a two-year-old case against the state.
But while Jacobson heard oral arguments on Thursday, she delayed issuing a ruling until next month over whether state couples in civil unions can obtain federal benefits even while though state does not allow gay marriage.
New Jersey allows civil unions, but does not allow same-sex marriage or recognize same-sex marriages performed in other states. If Jacobson rules in favor of legalizing same-sex marriage, it's unlikely the marriages would begin immediately, and her decision could face several rounds of appeals.
Governor Chris Christie vetoed a bill passed by New Jersey lawmakers to recognize gay marriage in 2012. A July 2013 Quinnipiac University poll showed that 60% of the state's voters support marriage equality.
The state supreme court ruled in 2006 that it should treat same-sex couples the same as married couples, moving lawmakers to pass a measure that allowed civil unions. The plaintiffs in Thursday's case argue that civil unions violate the state supreme court's 2006 decision.
Their case received new strength with Doma's defeat in June. In striking down a section of the act, the court's justices said that gay couples should be afforded equal protections under the constitution.
The plaintiffs argued that New Jersey is preventing them from receiving the legal benefits the supreme court said are constitutionally allowed.
Laywers for the state, in turn, pinned the blame on the federal government for denying these protections to people in civil unions. They also said gay couples will receive some of the federal benefits, without permitting same-sex marriage.
A statement from New Jersey United for Marriage, which is lobbying for same-sex marriage in the state, released a statement after the hearing on Thursday.
"New Jersey United for Marriage fully supports efforts by Garden State Equality and Lambda Legal to achieve a judicial pathway to full equality," said Michael Premo, campaign manager for New Jersey United. "Same-sex couples and their families want us to work simultaneously through the legislature and the courts to make sure that everyone enjoys the privileges and responsibilities of marriage."
New Jersey and Pennsylvania are the only two states in the north-east that do not allow same-sex marriage, which is legal in 13 states and the District of Columbia. Reported by guardian.co.uk 3 days ago.
A New Jersey judge says her decision on whether the state is constitutionally required to legalize gay marriage will be delivered as early as September, hindering gay couples who had hoped for an immediate ruling.
After the US supreme court struck down the Defense of Marriage Act in June, plaintiffs had hoped superior court judge Mary Jacobson would on Thursday order New Jersey to allow gay marriages as part of a two-year-old case against the state.
But while Jacobson heard oral arguments on Thursday, she delayed issuing a ruling until next month over whether state couples in civil unions can obtain federal benefits even while though state does not allow gay marriage.
New Jersey allows civil unions, but does not allow same-sex marriage or recognize same-sex marriages performed in other states. If Jacobson rules in favor of legalizing same-sex marriage, it's unlikely the marriages would begin immediately, and her decision could face several rounds of appeals.
Governor Chris Christie vetoed a bill passed by New Jersey lawmakers to recognize gay marriage in 2012. A July 2013 Quinnipiac University poll showed that 60% of the state's voters support marriage equality.
The state supreme court ruled in 2006 that it should treat same-sex couples the same as married couples, moving lawmakers to pass a measure that allowed civil unions. The plaintiffs in Thursday's case argue that civil unions violate the state supreme court's 2006 decision.
Their case received new strength with Doma's defeat in June. In striking down a section of the act, the court's justices said that gay couples should be afforded equal protections under the constitution.
The plaintiffs argued that New Jersey is preventing them from receiving the legal benefits the supreme court said are constitutionally allowed.
Laywers for the state, in turn, pinned the blame on the federal government for denying these protections to people in civil unions. They also said gay couples will receive some of the federal benefits, without permitting same-sex marriage.
A statement from New Jersey United for Marriage, which is lobbying for same-sex marriage in the state, released a statement after the hearing on Thursday.
"New Jersey United for Marriage fully supports efforts by Garden State Equality and Lambda Legal to achieve a judicial pathway to full equality," said Michael Premo, campaign manager for New Jersey United. "Same-sex couples and their families want us to work simultaneously through the legislature and the courts to make sure that everyone enjoys the privileges and responsibilities of marriage."
New Jersey and Pennsylvania are the only two states in the north-east that do not allow same-sex marriage, which is legal in 13 states and the District of Columbia. Reported by guardian.co.uk 3 days ago.