Same-sex marriages must be allowed in New Jersey, judge rules

Same-sex marriages must be allowed in New Jersey, judge rules
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POSTED: Saturday, September 28, 2013 - 4:00am

UPDATED: Saturday, September 28, 2013 - 4:04am

Same-sex couples must be permitted to marry in New Jersey starting next month, a state judge ruled Friday, arguing that the parallel label "civil unions," which the state already allows gay couples, is illegally preventing them from getting federal benefits.

The judge ordered that same-sex marriages be allowed in the state starting October 21.

The ruling cites the U.S. Supreme Court's June rejection of part of the federal Defense of Marriage Act, a move that ensured same-sex spouses legally married in a state may receive federal benefits.

After the DOMA ruling, some federal agencies are extending benefits to legally married same-sex couples, but denying them to same-sex couples in "civil unions," Judge Mary Jacobson of the Mercer County Superior Court wrote in her ruling Friday.

"If the trend of federal agencies deeming civil union partners ineligible for benefits continues, plaintiffs will suffer even more, while their opposite-sex New Jersey counterparts continue to receive federal marital benefits for no reason other than the label placed upon their relationship by the state," Jacobson wrote.

"This unequal treatment requires that New Jersey extend civil marriage to same-sex couples to satisfy the equal protection guarantees of the New Jersey Constitution," she continued.

Jacobson ruled on a lawsuit that six same-sex couples and their children, as well as gay-rights group Garden State Equality, filed against the state.

New Jersey has recognized civil unions between same-sex couples since 2007, after a New Jersey Supreme Court ruling that said the state must allow same-sex couples all the rights and benefits of marriage. As far as state rights and benefits went, civil unions and marriages differed only in label, Jacobson noted.

Friday's ruling comes more than a year after New Jersey Gov. Chris Christie vetoed a bill that would have legalized same-sex marriage in the state.

New Jersey is one of four states that offer civil unions, but not marriage, to same-sex couples. The others are Colorado, Hawaii and Illinois.

Same-sex marriage is legal in 13 U.S states and the District of Columbia: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington.

Same-sex marriage is banned in every state not mentioned above, except for New Mexico, which has no laws banning or allowing it. 

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