A judge in New Jersey has ruled that the state has to allow same-sex couples to get married since the state would be depriving same-sex couples of rights granted to them by the federal government if the state were to continue to not allow same-sex marriage, according to the New York Times.
Since the federal government recognizes same-sex marriage and doles out certain benefits to married couples Superior Court Judge Mary Jacobson ruled that by banning same-sex marriage the state was violating the state constitution by denying equal benefits to same-sex couples, according to the Wall Street Journal.
"The ineligibility of same-sex couple for federal benefits is currently harming same-sex couple in New Jersey in a wide variety of contexts," Jacobsen wrote in her decision.
Gov. Chris Christie opposes same-sex marriage and has tried to convince the court to "reserve the name of marriage for heterosexual couples." John Hoffman, the acting attorney general for New Jersey, believes that it is the federal government, not New Jersey, who is guilty of denying rights to same-sex couples by not offering the benefits to couples in a civil union, NBC News reports.
"Civil union partners who are federal employees living in New Jersey are ineligible for marital rights with regard to the federal pension system," Jacobson said. "All civil union partners who are employees working for businesses to which the Family and Medical Leave Act applies may not rely on its statutory protections for spouses, and civil union couples may not access the federal tax benefits that married couples enjoy."
Jacobsen was ruling on a lawsuit filed by six same-sex couples who argued that since the federal government will recognize same-sex marriages in states that legalize them it is unfair that the state of New Jersey only allow civil unions, according to NBC News.
"This news is thrilling," Hayley Gorenberg, Lambda Legal deputy legal director, said in a statement. "We argued that limiting lesbians and gay men to civil union is unfair and unconstitutional, and now the Court has agreed."
The ruling by the New Jersey court is the first to legalize same-sex marriage in response to the Supreme Court decision that struck down the Defense of Marriage act this past summer. State officials have been ordered to begin allowing same-sex marriage on Oct. 21, according to the Star-Ledger.
