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Christie administration: One judge can’t force us to recognize gay marriage

Friday, October 11, 2013

TRENTON, N.J. — A single judge should not be able to force New Jersey to recognize gay marriage, Gov. Chris Christie’s administration said in a court filing Friday.

The argument is included in a brief the state submitted in support of its emergency appeal made a day earlier after a state judge refused to delay her order that New Jersey legalize same-sex marriage as of Oct. 21.

Judge Mary C. Jacobson

AP
Judge Mary C. Jacobson ruled that New Jersey must allow gay couples to marry starting Oct. 21.

“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 state Attorney General’s Office said in its brief.

“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 filing said.

Same-sex marriage has been a political and legal issue in New Jersey for more than a decade, but it’s probably never had the urgency it has now.

A group of couples plus the gay rights group Garden State Equality sued in July in an effort to get the state to recognize gay marriages in light of a U.S. Supreme Court ruling that cleared the path for the federal government to deliver marriage benefits to gay couples.

Judge Mary Jacobson ruled in their favor last month.

Now, the administration of Christie, a Republican and possible 2016 presidential candidate, is appealing both the overall ruling and Jacobson’s decision on Thursday not to delay the due date.

The state argues that it has a reasonable probability of winning the overall appeal of Jacobson’s ruling and that allowing same-sex marriages to move ahead in the meantime would be damaging to the state.

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As it has in other legal forums, the state says its law granting gay couples civil unions – but not marriages – should not be overtu rned because of federal action. Gay rights groups and Jacobson both disagreed, but the state believes it has a reasonable chance of prevailing with that argument in New Jersey’s top court.

The plaintiffs in the lawsuit have until Tuesday to file legal papers in response. A ruling is expected before the Oct. 21 date when same-sex marriage licenses would take effect.

Separately, gay marriage advocates are pushing lawmakers to override Christie’s veto last year of a bill that would legalize same-sex marriage. The deadline for an override is in January.

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110 more reader comments:

  1. 5 on the Supreme Court however, did!!

    Posted on Friday, October 11, 2013 at 5:57pm
  2. And apparently not the majority of the legislative body elected by the people of New Jersey, either.

    Posted on Friday, October 11, 2013 at 5:58pm
  3. But a single man shouldn’t stand in the way of equality for countless others. Oh wait, he already did that when he vetoed it previously…

    Posted on Friday, October 11, 2013 at 5:58pm
  4. And what exactly does "damaging to the state" mean if it is made legal? How is the state (which is not a person) damaged by allowing marriage equality?

    Replied on Friday, October 11, 2013 at 6:00pm
  5. He might have meant his mental state Marc . . . it damages his mental state cuz he's worried. Its called homophobia. Its a real mental condition . . . unlike homosexuality, more like bigotry.

    Replied on Friday, October 11, 2013 at 8:37pm
  6. Ass hole that is what judges are there for. When you don’t know you being a dick head they are there to tell you.

    Posted on Friday, October 11, 2013 at 5:59pm
  7. Well you truly are a fool Christie. The very basic system of this Government is the Law of The Land! That’s why we have Judges. They uphold the law! Go back to school. Your ignorance is in full bloom.

    Posted on Friday, October 11, 2013 at 6:00pm
  8. True…

    Posted on Friday, October 11, 2013 at 6:00pm
  9. However… If the judge agreed and halted… He would have accepted that just fine…

    Posted on Friday, October 11, 2013 at 6:00pm
  10. Even if that jackass got his way, over 60% of NJ supports marriage equality, so he would still lose.

    Posted on Friday, October 11, 2013 at 6:01pm
  11. Apparently Chris Christie has no idea what SCOTUS case laws mean for state laws

    Posted on Friday, October 11, 2013 at 6:01pm
  12. I hope this kills his chances for re-relection and certainly as a rethug pres candidate–though it might be good if they ran a dope like this, who has no chance of winning anyway.

    Posted on Friday, October 11, 2013 at 6:02pm
  13. A majority of duly elected state legislators voted for marriage equality, a over-whelming majority of New Jersey residents support same-sex marriage rights, but ONE PERSON (Christie) is imposing his opinion on the state and preventing the inevitable move forward, at the expense of many NJ LGBT Families and NJ tax payers (who is going to pay for this appeal? Or his proposed referendum?).

    Posted on Friday, October 11, 2013 at 6:02pm
  14. oh, I think she can!!! LOL

    Posted on Friday, October 11, 2013 at 6:03pm
  15. And one bigoted governor shouldn’t be allowed to force us not to recognize it.

    Posted on Friday, October 11, 2013 at 6:03pm
  16. Oh Chris Cristie…..a judge sure as hell can. Did you forget your Government class already?

    Posted on Friday, October 11, 2013 at 6:05pm
  17. aparently….it been ok for a single judge for christie for other issues..however this one time its not ok..

    Posted on Friday, October 11, 2013 at 6:05pm
  18. Have to love how republicans ignore elections to stop government and now want to ignore/overrule law….

    Posted on Friday, October 11, 2013 at 6:07pm
  19. Oh but she sure as shit can force gays into second-class-citizenry? Right…

    Posted on Friday, October 11, 2013 at 6:07pm
  20. but cristina cristie is gay.

    Posted on Friday, October 11, 2013 at 6:10pm
  21. he comes off to the world as a homophobic hell bent myth follower who uses his clout around the world of politics to force his political beliefs on everyone

    Posted on Friday, October 11, 2013 at 6:13pm
  22. One ChristoFascist Governor Chris Christie cannot force LGBT Families to be denied constitutional marriage rights #Fascists #NeverAgain #NeverForget

    Posted on Friday, October 11, 2013 at 6:13pm
  23. Christie is a fat slob

    Posted on Friday, October 11, 2013 at 6:14pm
  24. One man can’t make us pretend to be straight!

    Posted on Friday, October 11, 2013 at 6:15pm
  25. Like most Republicans, he just can’t take “no” for an answer!

    Posted on Friday, October 11, 2013 at 6:15pm
  26. If I were Christie, I’d put it on a ballot for the upcoming election instead. Let the people decide

    Posted on Friday, October 11, 2013 at 6:20pm
  27. God, not another one. Why are people so goddam bigoted?

    Posted on Friday, October 11, 2013 at 6:24pm
  28. There once was a man named Chris Christie, who only liked fried and crispy. His hatred towards gays surely outweighs his 20 piece and his biscuit.

    Posted on Friday, October 11, 2013 at 6:24pm
  29. Shame!

    Posted on Friday, October 11, 2013 at 6:27pm
  30. oh yes she should if it is in your constitution

    Posted on Friday, October 11, 2013 at 6:28pm
  31. If it looks like a duck…a quacks like a duck…it must be a bigoted facist.

    Posted on Friday, October 11, 2013 at 6:29pm
  32. We don’t vote on civil rights in the US.

    Posted on Friday, October 11, 2013 at 6:32pm
  33. Give it up, Christie.

    Posted on Friday, October 11, 2013 at 6:37pm
  34. . . . and a single congressman should not hold America hostage either !!!

    Posted on Friday, October 11, 2013 at 6:39pm
  35. So you would be okay with if the majority of White People made a law that said Latino people could not get driver’s licenses, or Black People were not allowed to vote. A majority does not have the right to make laws that ONLY affect a minority even in a democracy. That’s what makes “leaving it up to the people to decide” an unfair vote. That’s why we have courts to treat people fairly and uphold the constitution. There are far more Straight People than LGBT people.

    Posted on Friday, October 11, 2013 at 6:42pm
  36. Chris, just shut up and eat

    Posted on Friday, October 11, 2013 at 6:43pm
  37. The Moron wants to go all the way to the Supreme Court–which has pretty well already rejected his bigotry.

    Posted on Friday, October 11, 2013 at 6:56pm
  38. “…one judge can’t force us…” ….actually, one judge CAN…particularly if the judge is using the same rationale that the SCOTUS used when determining their ruling in June….. Christie et al., continue to insist that a ballot initiative should determine the equal protection clause of the constitution which, of course, is utterly is nonsensical….

    Posted on Friday, October 11, 2013 at 7:05pm
  39. i got news that fat faced mayor “not a judge in the state will block the marriages you asswhipe ” christie is a total asshole and its really showing it these days

    Posted on Friday, October 11, 2013 at 7:07pm
  40. It’s counter intuitive to his reelection bid?!

    Posted on Friday, October 11, 2013 at 7:13pm
  41. That one judge CAN when the law says they can. Oh wait, the law DOES say they can….

    Posted on Friday, October 11, 2013 at 7:14pm
  42. yes one judge can make you recognize same sex marriage.

    Posted on Friday, October 11, 2013 at 7:15pm
  43. He is pathetic., It’s very sad!

    Posted on Friday, October 11, 2013 at 7:25pm
  44. Check out my new book of poems and prose, Limn the Mask. Lots of soul and intelligence. Happy coming out day to all my LGBT etc. brothers and sisters. You can find it on Createspace or Amazon.com

    Posted on Friday, October 11, 2013 at 7:43pm
  45. What a TOOL!!! hope he is out next election.

    Posted on Friday, October 11, 2013 at 7:44pm
  46. Just eat another hot dog & shut the fuck up, you huge sack of bigoted shit !!!

    Posted on Friday, October 11, 2013 at 7:44pm
  47. Christie you are an idiot!

    Posted on Friday, October 11, 2013 at 7:49pm
  48. Gov. Christie, give up.

    Posted on Friday, October 11, 2013 at 7:58pm
  49. specious logic

    Posted on Friday, October 11, 2013 at 8:12pm
  50. There should be a law which says idiots cannot hold a political office.

    Posted on Friday, October 11, 2013 at 8:32pm
  51. Chris is just mad because he wouldn’t get any from the LGBT community just like he’s likely struggled with women

    Posted on Friday, October 11, 2013 at 8:34pm
  52. But s/he can Blanche s/he can.Judicial overrules legislative.

    Posted on Friday, October 11, 2013 at 8:53pm
  53. *’Poll: Majority in US back same-sex marriage’ – Live Science – 05/20/2011

    ‘Gallup shows 53 percent say it should be legal, up from 44 percent last year’

    http://www.livescience.com/14248-americans-support-sex-marriage-gallup.html

    Posted on Friday, October 11, 2013 at 8:55pm
  54. As soon as it said an ancient institution will be overhauled I stopped considering it a credible argument

    Posted on Friday, October 11, 2013 at 9:08pm
  55. “I don’t care about the law, the process or the union of the United States. All I care about is getting news time and financial backing for my further political career.” THAT is the credo of the current Republican party, and Gov. Christie in particular.

    Posted on Friday, October 11, 2013 at 9:21pm
  56. “I don’t care about the law, the process or the union of the United States. All I care about is getting news time and financial backing for my further political career.” THAT is the credo of the current Republican party, and Gov. Christie in particular.

    Posted on Friday, October 11, 2013 at 9:21pm
  57. Sheeesh. The majority has spoken, Krispy. Go have a couple of burgers and just go away.

    Posted on Friday, October 11, 2013 at 9:22pm
  58. Sheeesh. The majority has spoken, Krispy. Go have a couple of burgers and just go away.

    Posted on Friday, October 11, 2013 at 9:22pm
  59. He just doesn’t believe any org. could have more power than him.

    Posted on Friday, October 11, 2013 at 9:23pm
  60. He just doesn’t believe any org. could have more power than him.

    Posted on Friday, October 11, 2013 at 9:23pm
  61. he’s hardly a single man, he’s more like three fat guys in one (Y)

    Posted on Friday, October 11, 2013 at 9:34pm
  62. he’s hardly a single man, he’s more like three fat guys in one (Y)

    Posted on Friday, October 11, 2013 at 9:34pm
  63. How does one man, the governor get away saying that one judge can’t force us to recognize gay marriage when one man is making it his personal business to make sure same sex marriage is not allowed. That is very hypocrital of him.

    Posted on Friday, October 11, 2013 at 9:37pm
  64. How does one man, the governor get away saying that one judge can’t force us to recognize gay marriage when one man is making it his personal business to make sure same sex marriage is not allowed. That is very hypocrital of him.

    Posted on Friday, October 11, 2013 at 9:37pm
  65. y ( idiot ) wont be happy till it is voted on by the people of nj – & then Ull prolly try & appeal it

    Posted on Friday, October 11, 2013 at 9:39pm
  66. y ( idiot ) wont be happy till it is voted on by the people of nj – & then Ull prolly try & appeal it

    Posted on Friday, October 11, 2013 at 9:39pm
  67. please go like our new page and share it also! https://www.facebook.com/realfemsandstuds

    Posted on Friday, October 11, 2013 at 9:46pm
  68. please go like our new page and share it also! https://www.facebook.com/realfemsandstuds

    Posted on Friday, October 11, 2013 at 9:46pm
  69. sure can….GO FOR IT…HOWEVER

    Posted on Friday, October 11, 2013 at 9:57pm
  70. sure can….GO FOR IT…HOWEVER

    Posted on Friday, October 11, 2013 at 9:57pm
  71. Hey Christie…… the law is the law….get over it.

    Posted on Friday, October 11, 2013 at 10:04pm
  72. Hey Christie…… the law is the law….get over it.

    Posted on Friday, October 11, 2013 at 10:04pm
  73. Hey Chris Christie.. if a single signature on a veto by a governor can overturn the will of the people and their duly elected officials, then a single judge should be able to hold similar sway…

    Posted on Friday, October 11, 2013 at 10:13pm
  74. Hey Chris Christie.. if a single signature on a veto by a governor can overturn the will of the people and their duly elected officials, then a single judge should be able to hold similar sway…

    Posted on Friday, October 11, 2013 at 10:13pm
  75. Good for the judge and good for our society. Prejudice people … go jump off a cliff and take Christie with you.

    Posted on Friday, October 11, 2013 at 10:37pm
  76. He’s a self righteous bigot

    Posted on Friday, October 11, 2013 at 11:23pm
  77. Your right Gov…..that’s why the Supreme Court has ruled on it!

    Posted on Friday, October 11, 2013 at 11:30pm
  78. He has a problem. A single judge CAN – and did.

    Posted on Saturday, October 12, 2013 at 12:40am
  79. Mr., i know u hate it. but! u must follow the law.

    Posted on Saturday, October 12, 2013 at 12:53am
  80. One judge can’t, huh Christie…? How about that one judge and millions of registered voters? Is that enough for you to comprehend?

    Posted on Saturday, October 12, 2013 at 1:05am
  81. Wanna bet?

    Posted on Saturday, October 12, 2013 at 1:33am
  82. I want to vote on whether or not he gets to put another Big Mac into his mouth…fat bastard

    Posted on Saturday, October 12, 2013 at 1:52am
  83. why is this horrible governor doing so well in the polls New Jersey wake up he is not on your side don’t fall for the media hype

    Posted on Saturday, October 12, 2013 at 2:04am
  84. Christie has as much chance of winning a presidential election as any other republican after this disaster they have caused…a snowballs chance in hell. Gay marriage will succeed, go ahead accept it and shut up lard ass.

    Posted on Saturday, October 12, 2013 at 2:16am
  85. Homophobic jackass.

    Posted on Saturday, October 12, 2013 at 2:22am
  86. Really? Well, he cannot force people NOT to recognize gay marriage.

    Posted on Saturday, October 12, 2013 at 2:40am
  87. And one politician can’t stop something that’s underway. He’s right in the train’s path and going to be ran under it

    Posted on Saturday, October 12, 2013 at 2:47am
  88. woooot woooot

    Posted on Saturday, October 12, 2013 at 2:52am
  89. she is much more than a Judge: she is an American…and…and…and…B R I L L I A N T…….and…and…and…she sees right through chris christie and his fellow right wing christian republicans…

    Posted on Saturday, October 12, 2013 at 4:21am
  90. she is much more than a Judge: she is an American…and…and…and…B R I L L I A N T…….and…and…and…she sees right through chris christie and his fellow right wing christian republicans…

    Posted on Saturday, October 12, 2013 at 4:21am
  91. What is he so afraid of? Are all married gays going to ruin his marriage? No. Is he that insecure in his own – head, masculinity that he has to act like a bigger ass to prove what?

    Posted on Saturday, October 12, 2013 at 4:48am
  92. What is he so afraid of? Are all married gays going to ruin his marriage? No. Is he that insecure in his own – head, masculinity that he has to act like a bigger ass to prove what?

    Posted on Saturday, October 12, 2013 at 4:48am
  93. Oh yes she can. That’s why she is a judge. She makes the judgment on the law, buddy.

    Posted on Saturday, October 12, 2013 at 5:38am
  94. So here’s the deal, Chris: if you think it’s OK to put up for a vote the constitutional rights to civil equality for a group of citizens, then I propose that we also have a ballot proposal as follows: Should bovine, pock-marked, obese, slovenly, unkempt, obnoxious white men be forbidden to run for public office? I think it’s only fair, Chris. Otherwise, sit the hell down and shut the hell up.

    Posted on Saturday, October 12, 2013 at 6:58am
  95. one judge, no; one asshole governor, mmmm, NO!

    Posted on Saturday, October 12, 2013 at 7:36am
  96. Allright! Now that we got Chris Christie as an unelectable Presidential candidate for 2016, whos is left? NOBODY!!! All of them are BIGOTS!!!

    Posted on Saturday, October 12, 2013 at 8:34am
  97. If the people of NJ is voting against the rights of minorities, I definitely beg to differ, Governer Christie! Jerk…

    Posted on Saturday, October 12, 2013 at 10:14am
  98. oh, defying the law, swell!

    Posted on Saturday, October 12, 2013 at 10:30am
  99. oh, defying the law, swell!

    Posted on Saturday, October 12, 2013 at 10:30am
  100. Um Yes she can That is what it means to be a Judge Christie Get over you self you Ignorant asshole

    Posted on Saturday, October 12, 2013 at 10:57am
  101. Um Yes she can That is what it means to be a Judge Christie Get over you self you Ignorant asshole

    Posted on Saturday, October 12, 2013 at 10:57am
  102. It’s like he’s going out of his way to make his moronic party love him and all sane people hate him.

    Posted on Saturday, October 12, 2013 at 11:20am
  103. It’s like he’s going out of his way to make his moronic party love him and all sane people hate him.

    Posted on Saturday, October 12, 2013 at 11:20am
  104. But the federal gov can!

    Posted on Saturday, October 12, 2013 at 1:29pm
  105. Wanna bet douchebag?

    Posted on Saturday, October 12, 2013 at 3:35pm
  106. It is interesting that certain Governors don’t want to believe in their own state constitutions. Most politicians think that all of us are stupid.

    Posted on Saturday, October 12, 2013 at 4:17pm
  107. It’s just a matter of time before all anti-gay political wannabes and have-beens become hand-wringing apologists. They’re on the wrong side of history and one day in the none-too-distant future they’ll be too embarrassed at appearing retrograde to continue to wave the banners of bigotry–though in their mean little hearts & even smaller minds I doubt any real enlightenment will dawn upon them until their ilk have passed from this earth. The knee-jerk hatred they refuse to call by name is inculcated in them, cradle to grave.

    Posted on Saturday, October 12, 2013 at 4:27pm
  108. Ah the REAL Chris Christie comes out.

    Posted on Saturday, October 12, 2013 at 4:56pm
  109. NO… but I bet the Supreme Court can! LOL @ the bigoted fatso

    Posted on Saturday, October 12, 2013 at 5:37pm
  110. Governor Christie, You are on the wrong side of History. What are you afraid of?

    Posted on Saturday, October 12, 2013 at 8:09pm