TRENTON — Same-sex marriage became law in New Jersey on Monday after Gov. Chris Christie conceded defeat in a momentous battle unfolding at the state Supreme Court.
The Republican governor, who vetoed a gay marriage bill last year, abruptly withdrew an appeal being heard by the state’s highest court, clearing the way for full marriage rights for thousands of gay couples in the Garden State.
Christie’s decision — announced hours after the first same-sex couples exchanged their vows in ceremonies all over New Jersey — marked the end of a decade-long push for same-sex marriage rights in a state that first tried out domestic partnerships in 2004, then civil unions in 2007.
Monday’s weddings were held after the state Supreme Court refused Christie’s request to delay the first gay marriages while he appealed a lower-court ruling.
New Jersey thus became the 14th state to allow gay marriage — and the first to do so in the wake of June’s landmark U.S. Supreme Court decision that struck down the Defense of Marriage Act.
"What’s occurred here is really a great triumph not only for equality ... for people to marry whom they love, but also for the rule of law," said Lawrence Lustberg, an attorney for the six families that won the case yesterday and the group Garden State Equality.
As word spread, gay couples, civil-rights advocates and Democratic officials rejoiced at rallies and wedding ceremonies across the state, while same-sex marriage opponents decried Christie’s decision to give up the fight and warned that social conservatives across the country would remember if he ever ran for president.
While indicating that he remains personally opposed to it, Christie acknowledged that "same-sex marriage is the law" on Monday. And he vowed to enforce it, calling it his "constitutional duty," his office said.
A spokesman for Christie, Colin Reed, said there was no reason to keep fighting because "Chief Justice (Stuart) Rabner left no ambiguity about the unanimous court’s view on the ultimate decision" in Friday’s decision denying the request to delay Monday’s start date for gay marriages.
In a 20-page decision, the court rejected Christie’s underlying arguments for opposing gay marriage, with Rabner concluding: "Same-sex couples who cannot marry are not treated equally under the law today."
"Although the governor strongly disagrees with the court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the court has now spoken clearly as to their view of the New Jersey constitution and, therefore, same-sex marriage is the law," Reed said.
Christie had challenged a lower-court ruling from Sept. 27 that allowed gay couples to marry in New Jersey. With his appeal withdrawn, that ruling by Superior Court Judge Mary Jacobson stands as the law.
The Republican governor, who is seeking re-election next month and may seek the GOP presidential nomination in 2016, had urged lawmakers to put the question on the ballot if they wanted to change "the core of a 2,000-year-old institution" and said state judges should steer clear of the issue. He would not answer questions from reporters at an event in Gloucester on Monday.
Christie’s opposition to same-sex marriage became a major campaign issue, with Democratic candidate Barbara Buono blasting him in a TV ad and interviews broadcast nationwide for opposing something that had the support of Democrats, Republicans and independents in New Jersey.
"Despite Governor Christie’s efforts to block the rights of gays and lesbians at every turn, it took a determined effort by brave individuals and a unanimous decision by the New Jersey Supreme Court to force the governor to drop his appeal," Buono said. "I am thrilled the court ended his ability to enforce his bigoted views."
Hayley Gorenberg, an attorney for the families in the lawsuit and the deputy legal director of Lambda Legal, said Christie’s decision "makes all the sense in the world legally, and makes all the sense in the world for our government, for public officials who are supposed to be serving the well-being of everyone in New Jersey."
"I think we’re done here," Gorenberg said.
But legal experts reacted more cautiously, saying the Legislature may need to pass a law to codify Jacobson’s decision — otherwise a future state Supreme Court could overturn it.
"I think it’s pretty solid ... but it’s not ironclad," said Robert Williams, a state constitutional law expert at Rutgers Law School in Camden. "Assume somebody could get a case back to the Supreme Court. The court would in no way be bound by Judge Jacobson’s decision."
He added that "there’s likely to be a lot of change in the Supreme Court next year" as Christie continues battling Democrats to make the court more conservative.
Democratic leaders in the state Legislature celebrated the "historic day" but were undecided on the next step. Senate President Stephen Sweeney (D-Gloucester), who had promised an override of Christie’s veto by the end of the year, said Monday he’s consulting with lawyers and lawmakers on whether to pass a new bill, keep pushing to quash Christie’s veto, or do nothing.
"I was just happy that they dropped the challenge," Sweeney said. "This is a day for same sex couples to actually rejoice, realizing that their unions together are real and they’re going to stay real. And as far as legislation, we’ll figure out what we’re going to do ... in the next couple of weeks."
John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage, regretted that Christie ended the case before his group could file briefs showing "the sociological basis for marriage, and why it benefits the society" to keep it to one man and one woman.
"We hope to work with the Legislature to draft strong language that protects religious institutions," Tomicki said, adding that clergy should be exempt from officiating same-sex weddings.
State Sen. Michael Doherty (R-Warren) criticized Christie for dropping his appeal. "Governor Christie has acquiesced to the same judicial activism that he has long railed against," Doherty said.
Jacobson’s ruling was the first in the nation to legalize same-sex marriage after the U.S. Supreme Court decision, which extended hundreds of tax, medical and other legal benefits to same-sex couples, but only in states that provided them "lawful marriages." As a state with civil unions, New Jersey was left out, the state Supreme Court said.
Brigid Harrison, a political science professor at Montclair State University, said some conservatives may reject Christie for dropping the fight, but others will respect that he laid out his opposition clearly.
"This shows a conciliatory form of politics that he talks so much about," Harrison said, calling it the mark of "a bipartisan, moderate candidate who can do more than win a Republican primary, who can win a national election."
Star-Ledger staff writers Jenna Portnoy and Ryan Hutchins contributed to this report.
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