In New Jersey, same-sex marriages to begin Monday

Associated Press

Same-sex marriages can begin within days in New Jersey after the state’s highest court ruled unanimously Friday to uphold an order that they must start Monday and to deny a delay sought by Gov. Chris Christie’s administration.

The ruling puts New Jersey on the cusp of becoming the 14th state — and the third-most-populous among them — to allow same-sex marriage. The advocacy group Freedom to Marry said that as of Monday, one-third of Americans will live in a place where same-sex marriage is legal.

“The state has advanced a number of arguments, but none of them overcome this reality: Same-sex couples who cannot marry are not treated equally under the law today,” the court said in an opinion by Chief Justice Stuart Rabner. “The harm to them is real, not abstract or speculative.”

A judge on a lower court had ruled last month that New Jersey must recognize same-sex marriage and set Monday as the date to allow weddings. Christie, a Republican who is considered a possible 2016 presidential candidate, appealed the decision and asked for the start date to be put on hold while the state appeals.

A spokesman for Christie said that he will comply with the ruling, though he doesn’t like it.

Same-sex marriage is being debated elsewhere. Oregon has begun recognizing same-sex weddings performed out of state, and it is likely that voters will get a chance next year to repeal the state’s constitutional ban on gay marriage. Lawsuits challenging gay marriage bans also are pending in several states, including Michigan, Pennsylvania and Virginia.

New Jersey’s top court agreed last week to take up the appeal of the lower-court ruling. Oral arguments are expected Jan. 6 or 7.

The court did not address the question of what would happen to the status of same-sex marriages entered into next week if it later decides that the state does not have to grant the marriages.