In a motion filed in Superior Court Tuesday, the state says the controversy over same-sex marriage should be decided by a higher court, the Philadelphia Inquirer reported Wednesday.
Attorneys representing acting New Jersey Attorney General John J. Hoffman argued Judge Mary C. Jacobson would cause irreparable harm if she "single-handedly, without guiding precedent and without input from the Supreme Court" overturned the state's civil union law.
Jacobson overturned the civil union law Friday, saying it denied same-sex couples federal benefits and violated their civil rights. She ruled marriage licenses for same-sex couples could be issued beginning Oct. 21.
The issue of same-sex marriage should be considered by a higher court, the attorneys said, because keeping the "millenia-old definition of marriage is of such social import."
The state also argued a stay should be granted because of a "reasonable probability" the state would win on appeal.
Christie has vetoed legislation that would legalize same-sex marriage. He says the issue should be decided by voters.
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