New Jersey to Appeal Judgeʼs Ruling on Same-Sex ʻMarriage’ Recognition

National Organization for Marriage's president, Brian Brown, calls the judicial ruling ʻa gross abuse of power.ʼ

Seal of New Jersey
Seal of New Jersey (photo: Wikipedia)

TRENTON, N.J. — Political leaders in New Jersey have vowed to appeal a judge’s ruling that New Jersey must redefine marriage to include same-sex couples because of a recent decision by the U.S. Supreme Court.

“It’s essential that a single lower-court judge not be allowed to impose her own views of marriage on the entire state,” said Brian Brown, president of the National Organization for Marriage.

Judge Mary Jacobson of the New Jersey Superior Court agreed with several same-sex couples, that the state was unconstitutionally denying them federal benefits, such as federally required medical leave and the ability to file joint federal tax returns, because New Jersey would not recognize their unions as marriages. She said the state must recognize same-sex “marriages” beginning Oct. 21.

Brown characterized the judge’s ruling as “a gross abuse of power that cannot be allowed to stand.”

The office of New Jersey Gov. Chris Christie has said it will appeal Jacobson’s decision. Spokesman Michael Drewniak said the governor believes the decision about the definition of marriage should be up to the voters.

“Gov. Christie has always maintained that he would abide by the will of the voters on the issue of marriage equality and called for it to be on the ballot this Election Day,” Drewniak said, according to The Associated Press

In her ruling, Jacobson cited the U.S. Supreme Court’s June 26 ruling in United States v. Windsor, which struck down key provisions of the Defense of Marriage Act.

Critics, however, noted that the Windsor decision did not impose a “right” to same-sex “marriage” on the nation, but instead upheld the right of states to define marriage for themselves. The Supreme Court stated in the case that the federal government must recognize such unions if they are allowed by individual states.

New Jersey’s Catholic bishops had criticized efforts to redefine marriage in a January 2012 statement.

“Same-sex unions may represent a new and a different type of institution — but it is not marriage and should not be treated as marriage,” they said.

Marriage “unites mothers and fathers in the work of childrearing,” they explained, adding the institution serves as the “foundation of the family,” which is the “basic unit of society.”

A government that insists that same-sex unions are equal to unions between a man and a woman teaches “not only that mothers and fathers are no longer necessary for children, but also that uniting the sexes is no longer an important ideal,” the bishops said.

Previous efforts to redefine marriage to accommodate same-sex couples passed through the state Legislature, but were vetoed by Christie. The governor says he opposes redefining marriage, but he supports the state’s same-sex civil-union law. That law was mandated by a 2006 New Jersey Supreme Court decision that ruled same-sex couples should have all the legal rights and privileges of marriage, without requiring that these unions be called marriages.