A New Jersey trial court judge yesterday refused to grant a stay pending appeal of her decision that beginning Oct. 21, New Jersey must extend the right to marry to same-sex couples. (See prior posting.) According to the New York Times, in her decision Judge Mary C. Jacobson wrote that the state had not shown that is is likely to succeed on appeal, and a stay would delay the ability of same-sex couples to become eligible for federal tax and retirement benefits, spousal coverage under Medicare and the ability to sponsor a non-citizen spouse for residency. The state immediately appealed the denial of a stay.
UPDATE: The New Jersey Supreme Court on Oct. 11 issued an order granting a direct expedited appeal of the decision, and also taking jurisdiction over the motion to stay pending appeal. [Thanks to Volokh Conspiracy for the lead,]
