The decision will most likely be challenged by Gov. Chris Christie, who has publicly opposed gay marriage.
The judge, Mary C. Jacobson of State Superior Court, ruled that under its Constitution, New Jersey must allow marriage in light of the United States Supreme Court’s decision in June striking down the federal Defense of Marriage Act.
“The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New jersey in a wide range of contexts,” she wrote.
For instance, civil union partners who are federal employees living in New Jersey are not eligible for rights in regard to the federal pension system.
It is the first time a court has struck down a state ban on same-sex marriage as a direct result of the Supreme Court’s ruling.
Her opinion – which the state may move to appeal – said that same-sex marriages would be allowed starting next month.
The opinion was provided in a summary judgment in a case brought by Garden State Equality, a gay rights advocacy group.
“Same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution,” she wrote.
This article has been revised to reflect the following correction:
Correction: September 27, 2013
The judge, Mary C. Jacobson of State Superior Court, ruled that under its Constitution, New Jersey must allow marriage in light of the United States Supreme Court’s decision in June striking down the federal Defense of Marriage Act.
“The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New jersey in a wide range of contexts,” she wrote.
For instance, civil union partners who are federal employees living in New Jersey are not eligible for rights in regard to the federal pension system.
It is the first time a court has struck down a state ban on same-sex marriage as a direct result of the Supreme Court’s ruling.
Her opinion – which the state may move to appeal – said that same-sex marriages would be allowed starting next month.
The opinion was provided in a summary judgment in a case brought by Garden State Equality, a gay rights advocacy group.
“Same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution,” she wrote.
This article has been revised to reflect the following correction:
Correction: September 27, 2013