by Jason Hanna, CNN
Same-sex couples must be permitted to marry in New Jersey, a state judge ruled in late September, arguing that the parallel label “civil unions,” which the state now allows for gay couples, is illegally preventing them from getting federal benefits.
The judge ordered that same-sex marriages be allowed in the state starting October 21. The office of Gov. Chris Christie, however, indicated the case would be appealed to a higher court.
The ruling cites the U.S. Supreme Court’s June rejection of part of the federal Defense of Marriage Act (DOMA), a move that allows legally married same-sex spouses to receive federal benefits.
After the DOMA ruling, some federal agencies are extending benefits to legally married same-sex couples, but denying them to same-sex couples in “civil unions,” Judge Mary Jacobson of the Mercer County Superior Court wrote in her ruling.
“If the trend of federal agencies deeming civil union partners ineligible for benefits continues, plaintiffs will suffer even more, while their opposite-sex New Jersey counterparts continue to receive federal marital benefits for no reason other than the label placed upon their relationship by the state,” Jacobson wrote.
“This unequal treatment requires that New Jersey extend civil marriage to same-sex couples to satisfy the equal protection guarantees of the New Jersey Constitution,” she continued.
Jacobson ruled on a lawsuit that six same-sex couples and their children, as well as gay-rights group Garden State Equality, filed against the state.
New Jersey has recognized civil unions between same-sex couples since 2007, after a New Jersey Supreme Court ruling that said the state must allow same-sex couples all the rights and benefits of marriage. As far as state rights and benefits went, civil unions and marriages differed only in label, Jacobson noted.
Friday’s ruling comes more than a year after Christie vetoed a bill that would have legalized same-sex marriage in the state.
On Friday afternoon, Christie’s office said it had wanted “the issue of marriage equality” to be on the ballot this November, but said the legislature scuttled the effort. It also indicated that Jacobson’s ruling would be appealed.
“Since the legislature refused to allow the people to decide expeditiously, we will let the Supreme Court make this constitutional determination,” read a recent statement from Christie’s office.
New Jersey is one of four states that offer civil unions, but not marriage, to same-sex couples. The others are Colorado, Hawaii, and Illinois.
Same-sex marriage is legal in thirteen U.S. states and the District of Columbia: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington.
Same-sex marriage is banned in every state not mentioned above, except for New Mexico, which has no laws banning or allowing it.
