New Jersey residents wait for Same-sex marriage to start. (Creative Commons)

This decision goes against the state’s request to delay same-sex marriages until after an appeal of the court’s decision is completed.  The New York Times reports that the state requested the appellate division be granted a stay. The courts have not released if they would do so. 

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Judge Mary C. Jacobson of State Superior Court Mercer County wrote,” There is no ‘public interest’ in depriving a class of New Jersey residents their constitutional rights while appellate review is pursued.” She said that granting the stay would “allow the state to continue to violate the equal protection rights of New Jersey same-sex couples.” New Jersey permitted civil unions based on a previous Supreme Court ruling, however that denied same-sex couples federal benefits. 

Judge Jacobson has denied the state’s argument that New Jersey would suffer if the marriages began. However, until the appeals are resolved, same-sex couples won’t be eligible for federal tax, retirement benefits, and no spousal coverage under Medicare. If one of them is not a citizen, the other can’t sponsor their spouse for residency. 

Judge Jacobson ruled that the state has to start allowing marriages on October 21. 

Read the full story on the New York Times here. 

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