Brian Brown, president of the National Organization for Marriage
(NOM), called Friday's ruling legalizing gay marriage in New Jersey
“another outrageous example of judicial activism.”
Superior Court Judge Mary Jacobson ruled that the state must allow
gay and lesbian couples to marry. However, she made her ruling
effective October 21, allowing time for Governor Chris Christie to
appeal and block implementation of the order. Christie, a
Republican, said through a spokesperson that his administration would
appeal the ruling.
Jersey judge orders state to allow gay couples to marry.)
“This is another outrageous example of judicial activism,”
Brown said in a blog post. “An activist judge has overreached her
authority and chosen to impose same-sex 'marriage' on the entire
state of New Jersey.”
“Judge Jacobson has trampled on the right of the people of New
Jersey to define marriage, a right that the Supreme Court has upheld
in the very case she misuses to redefine marriage,” Brown said,
referring to Windsor v. United States.
Justices in the Windsor case knocked down as
unconstitutional a statute that prohibited the federal government
from recognizing the legal marriages of gay couples. Plaintiffs in
the New Jersey case argued that the state's law is similarly
unconstitutional. Judge Jacobson agreed.
“Same-sex couples must be allowed to marry in order to obtain
equal protection of the law under the New Jersey Constitution,” she
“This is a gross abuse of power that cannot be allowed to
stand,” Brown carped as marriage equality advocates came
tantalizingly close to victory.