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In. J. Supreme Court”s Ruling Legalizes Same-sex Marriage

Court Denied Christie’s Request for Hold off

Starting at 12: 01 a. m. on October 21, same-sex couples in New Jersey will finally be able to wed, the Supreme Court ruled on October 18, 2013. The Court denied the Christie’s Administration’s request to delay a lower court order how the state recognize gay marriage.

From Civil Unions to Gay Marriage

With all the ruling, New Jersey becomes the fourteenth state (the others are mostly within the Northeast (with the exception associated with Iowa and California) to permit gay and lesbian weddings. Before this announcement these days, New Jersey had civil unions. Governor Chris Christie was not in favor of court-ordered legalization of same-sex marriage, but wanted the issue settled by well-known vote in November.

A Republican, Christie appealed the decision last month by a judge within the lower court that ruled that New Jersey must recognize same-sex relationship and set October 21 as the opening day for gay weddings. Christie, hoping for a delay (stay) within the lower court ruling that mentioned that New Jersey must recognize gay and lesbian marriage while the state appeals, had been denied his request.

Judge Rabner’s Decision

The Court said in an viewpoint by Chief Justice Stuart Rabner, “the state has advanced several arguments, but none of them overcome this reality: Same-sex couples who are unable to marry are not treated equally underneath the law today. The harm to them is real, not abstract or speculative. ” Judge Rabner wrote that the state has not shown that it can be likely to prevail in the case. She also rejected the state’s argument it turned out in the public interest not to permit marriages until the court has had more time to rule fully on the concern. “ But when a party presents an obvious case of unequal treatment, plus asks the court of vindicate constituionalily protected rights, a court may not sidestep its obligation to rule for an indefinite amount of time. Under these circumstances, courts do not have the choice to defer. Like Judge Jacobson ( of the lower court ruling), we can find no public curiosity about depriving a group of New Jersey residents of their constitutional right to equal protection while the appeal process unfolds. ”

Uncertainities of The New Regulation

What would happen towards the status of same-sex marriages if it later decides that the state does not have to grant the marriages? The court did not address that question. Oral arguments are expected on January 6 or 7. In the interim, Their state Health Department, according to Christie, can help towns carry out New Jersey’s Supreme Court ruling.

Final June, the U. S. Supreme Court invalidated key parts of analysis law that prevented the federal government from recognizing gay couples. Within a 30 days, several states, including New Jersey, “jumped on the bandwagon” and filed suits on behalf of their clients for gay and lesbian marriage and federal protections for example survivor benefits and joint submitting of tax returns.

Governor Christie vetoed a gay relationship bill that would have allowed same-sex marriage in 2012. To overide the veto, the Legislature has till January 14 to act.

Gay Rights Groups Want 72-Hr. Waiting Period Waived

Garden State Equality, the gay and lesbian rights group, has been seeking idol judges who would waive the seventy-two waiting period. Said Hayley Gorenberg, the Lambda Legal lawyer, “the applications should be flowing and the licenses should be granted and people should be allowed to get married to freely. The Court has unanimously said my clients and the people of New Jersey don’t need to wait. ”

The post N. J. Supreme Court”s Judgment Legalizes Same-sex Marriage appeared very first on Gay Agenda.

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