Just a quick update on our September 30th post where we advised that a Superior Court judge in New Jersey ruled that in light of the decision in US v Windsor New Jersey must start allowing gay marriages. As predicted, the Christie administration appealed the decision and sought a stay of the decision pending appeal. For those non-lawyers out there, when you are appealing a decision and would like that decision to be stayed pending appeal, you must first ask the judge who issued the decision you are appealing to stay the decision. Sounds like a losing proposition, right?
Yesterday, the New York Times reported, not surprisingly, that Judge Jacobson refused to stay her decision. The next step in the process is to move before the Appellate Division to seek a stay pending appeal, which has already been filed. The State’s brief in support of the motion for a stay is due today. The opposition is due October 15th. We’ll keep you posted.
In the meantime, absent an order from the Appellate Division, New Jersey must start performing gay marriages on October 21, 2013.