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Christie Administration Asks Judge To Delay Gay Marriage Order

New Jersey Governor Planning Appeal, Wants To Take Case To State Supreme Court
Gov. Chris Christie makes a campaign stop in Belleville after signing ban on gay conversion therapy, Aug. 19, 2013. (credit: Alex Silverman/WCBS 880)

Gov. Chris Christie makes a campaign stop in Belleville after signing ban on gay conversion therapy, Aug. 19, 2013. (credit: Alex Silverman/WCBS 880)

TRENTON, N.J. (CBSNewYork/AP) — Saying New Jersey would suffer “irreparable harm” if same-sex marriages are allowed without input from the state’s highest court, the Chris Christie administration asked a judge to delay implementation of her landmark ruling that would legalize gay marriage.

The motion was an expected maneuver following Friday’s ruling by Judge Mary Jacobson that the state must recognize same-sex marriage starting Oct. 21. The administration of the Republican governor and possible 2016 presidential candidate said hours after the ruling that it would appeal, and it announced Monday that it would seek to keep any gay marriages from being performed while the appeal is being considered.

Christie and Democrats alike want the matter to be fast-tracked to the state Supreme Court, skipping the usual step at an intermediate appellate court.

Acting Attorney General John Hoffmann requested the Supreme Court consider the case in a letter Monday.

The ruling was the first of its kind in a state court since the U.S. Supreme Court ruled in June that the federal government can’t deny benefits to married same-sex couples. Jacobson agreed with a group of New Jersey couples that in light of that ruling the state is now blocking couples from receiving federal benefits in violation of the state constitution.

The state, in its legal filing Friday, contended that it would be wrong for a lower-court judge to reverse policy made by lawmakers. It also cited implications of the ruling that could go beyond same-sex marriage because of the ruling that a federal decision put the state government in violation of its own constitution.

“Never before has any court at any level declared that the validity of a state statute under the state constitution depends on the vicissitudes of a third party actor with whom the State has no nexus and over whom it has no control,” it said.

New Jersey also questions that lesbian and gay couples who have civil unions, which were designed to offer the same legal benefits and protections as marriage, won’t be treated as spouses by federal agencies.

Lawyers for a group of gay couples and a gay-rights group that sued the state in July have until Friday to respond to the state’s filing.

Christie, who opposes gay marriage but favors civil unions, has said repeatedly that the question of whether to recognize same-sex nuptials should be put to a ballot question.

Last year, he vetoed a law that would have allowed gay marriage, which is allowed in 13 other states. The Democrat-controlled state Legislature is calling for an override vote by January.

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