New Jersey's top court on Friday agreed
to hear an appeal on a case legalizing gay marriage in the state.
The case involves six gay and lesbian
couples and some of their children who say that the state's civil
union law unfairly burdens them and other gay couples in the state
who cannot access federal benefits following the fall of the Defense
of Marriage Act (DOMA) in June.
Last month, Superior Court Judge Mary
Jacobson agreed, ruling that New Jersey must begin issuing marriage
licenses to gay couples as of October 21.
Republican Governor Chris Christie
appealed the order to the Supreme Court and asked Jacobson to stay
her decision until the matter is resolved. On Thursday, Jacobson
denied the request, saying that the state was unlikely to win its
appeal. Christie in turn filed an emergency appeal to the state
Supreme Court, saying that the decision should not be up to one
judge.
“It is in the public interest that
such a profound change, if it is to occur, take place not because a
single judge – no matter how diligent, thoughtful, and thorough –
ordered it, but rather because the Supreme Court, the ultimate
arbiter, has deemed it necessary,” the
AP quoted the state's brief as saying. “To overhaul such an
ancient social institution prematurely, precipitously, or in a manner
ultimately deemed unnecessary would injure not only the public
interest, but the State that represents this interest.”
The court is expected to decide within
the next week whether to delay Jacobson's order and oral arguments in
the case will be held January 6 or 7.
Udi Ofer, director of the New Jersey
chapter of the American Civil Liberties Union (ACLU), told
the AP that the court's decision to review the case “makes it
even more pressing for the Legislature to act immediately to make
marriage equality the law.”
Christie last year vetoed a marriage
law approved by lawmakers. Supporters have spent much of this year
searching for votes to override the governor's veto but time is
running short. The deadline to have a vote is January 14 and
supporters remain 10 votes (7 in the House, 3 in the Senate) shy from
their goal.