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South Jersey Law Blog

SCOTUS landmark gay marriage ruling affirms status quo for New Jersey same sex couples

Posted by Matt Rooney | Jun 26, 2015 | 0 Comments

Historic ruling is largely symbolic for the Garden State where same-sex marriage has been legal since Fall 2013

Friday's landmark ruling by the United State Supreme Court in Obergefell v. Hodges will feature prominently in law school text books for decades to come, having made gay marriage the de facto law of the land in a close 5-4 decision. For New Jersey residents, however, the ruling's impact is largely symbolic.

The current United States Supreme Court justices Back in September 2013, the assignment (or head) judge of Mercer County's Superior Court handed down a ruling in Garden State Equality v. Dow which had the effect of mandating the issuance of marriage licenses to New Jersey's same sex couples beginning October 21, 2013. Initially, the Christie Administration appealed the Mercer decision and requested a “stay,” a procedural mechanism which prohibits the granted relief from taking effect until the appeal is decided. A stay would have estopped the issuance of licenses for the time being. Ultimately, the New Jersey Supreme Court denied the request and, days later, the Administration announced that it would not pursue an appeal. From that moment forward, gay marriage has been completely legal throughout New Jersey. If anything, today's ruling may eliminate the potential for same sex New Jersey couples having their marriage fully recognized by another state that, prior to today, did not recognize gay marriage. We all experience the same challenges regardless of whom we choose to love. If you or someone you know is seeking guidance regarding a family law-related issue in New Jersey, ranging from the divorce process to localized legal conflicts over child support, custody or alimony, please contact the family law attorneys at DeMichele & DeMichele online today.  Your confidential initial consultation is only a phone call away: (856) 546-1350. _______

About the Author

Matt Rooney

Practice Areas: Family Law (including Divorce, Alimony, Child Support, and Domestic Violence); Municipal Court; Personal Injury; Residential Real Estate; Civil Litigation; Collections.


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