Equality Is Now Legal In New Jersey

(Image is from the Facebook page of David Gerrold.)

In September, Judge Mary Jacobson of the Mercer County Superior Court ruled that New Jersey must allow same-sex marriages. She said the law allowing civil unions did not go far enough, since it sometimes allowed the denial of federal benefits -- and that meant same-sex couples were denied the equality they were guaranteed under the state constitution.

Governor Chris Christie immediately appealed her decision to the state's Supreme Court, and asked for an injunction to prevent the start of same-sex marriages in that state (which Judge Jacobson had ordered to be allowed). On Friday, the Supreme Court denied the state's request for that injunction. The court said:

". . .the state has not shown a reasonable probability that it will succeed on the merits" of the appeal.

"When a party presents a clear case of ongoing unequal treatment, and asks the court to vindicate constitutionally protected rights, a court may not sidestep its obligation to rule for an indefinite amount of time. Under those circumstances, courts do not have the option to defer."

"The State has presented no explanation for how it is tangibly or actually harmed by allowing same-sex couples to marry. It has not made a forceful showing of irreparable harm." 

The court did not deny the appeal (but only the temporary injunction), so the state could have continued the case. But Governor Christie could read the handwriting on the wall, and saw that the state's chance of winning the case was very remote at best -- so he has dropped the appeal.

That means New Jersey has now joined 13 other states (and the District of Columbia) in allowing legal same-sex marriages. The other 13 states are California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington.

A midnight on October 21st (Monday), the date ordered by Judge Jacobson, the state began allowing those marriages. Eight of the first same-sex marriages were officiated by New Jersey's new senator, Cory Booker.

But the fight for equality in this country is far from over. It will not be won until the other 36 states join this 14 in recognizing that the LGBT community should have the same rights as all other American citizens under the Constitution. Unfortunately, some states (especially in the Bible Belt) may have to be dragged kicking and screaming into constitutional compliance.