Since 2006, New Jersey's constitution has guaranteed equal protection under the law for same-sex couples, including the right to join in a civil union, but not to marry. Back in 2006, all federal benefits were denied to same-sex couples under DOMA, so giving same-sex civil union couples and married opposite sex couples equal state benefits was judged to comply with the equal protection guarantee.
On Friday, Mercer County Superior Court Judge Mary Jacobson ruled that, based on the Supreme Court's June DOMA ruling and the subsequent extension of federal benefits to same-sex couples in states with marriage equality laws, that by New Jersey denying same-sex couples the right to marry, the state is in turn denying them federal rights now available to legally married couples--and thus is no longer in compliance with the constitution's equal protection guarantee. (Not all federal benefits are available to civil union partners, including those dealing with immigration, health care and tax issues.)
"Under these circumstances, the current inequality visited upon same-sex civil union couples offends the New Jersey Constitution, creates an incomplete set of rights...and is not compatible with a reasonable conception of basic human dignity."
She ruled that New Jersey could begin issuing same-sex marriage licenses on October 21, 2013.
Governor Christie plans to appeal Judge Jacobson's decision to the New Jersey State Supreme Court.
Give it up, Mr. Christie.
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