TRENTON — The state Supreme Court has agreed to hear an appeal in New Jersey's ongoing same-sex marriage case and indicated today that it would not decide the case until next year.

A state trial judge, Mary Jacobson, ruled Sept. 27 that same-sex couples were being denied equal rights in New Jersey in the wake of a landmark decision by the U.S. Supreme Court in June and ordered the state to allow same-sex marriages starting Oct. 21.

The state's highest court also agreed to hear an emergent appeal to decide whether same-sex marriages may proceed on Oct. 21 as Jacobson ordered, or if they will be put on hold until the entire case is decided next year.

In a two-page order today, the high court agreed to relax the rules and allowed Gov. Chris Christie to skip an appeal at the appellate division. The first briefs are due Nov. 4, the court said, and oral arguments are scheduled for Jan. 6 and 7, signaling that the case, now on the fast track, will still lapse into 2014.

Those arguments would be heard just one week before the Jan. 14 deadline for lawmakers to override Christie's veto of a gay marriage bill.

The state’s top court has already ruled that same-sex couples in New Jersey must get all the same rights and benefits as heterosexual married couples, but in that 2006 case, Lewis v. Harris, they stopped short of calling for marriage rights. The Democratic-controlled Legislature at the time set up civil unions instead.

Christie, a Republican, asked the Supreme Court to rule on the case quickly, but has also said same-sex marriage should be put to a voter referendum, not decided by “120 legislators or seven justices.”

Hayley Gorenberg, an attorney representing six families and Garden State Equality in the case, said the court was right to move quickly.

“It shows the case is of public importance,” she said. “Clearly, it’s of central importance, pivotal importance, vital importance to the couples we represent that their families have the protection and benefits available to every married couple.”

At a trial court in Trenton, the six families and Garden State Equality argued that the U.S. Supreme Court’s ruling striking down the Defense of Marriage Act in June had extended more than 1,000 federal tax and legal benefits to same-sex couples, but only if they were in “lawful marriages.”

New Jersey was left out because it only allowed civil unions, they said.

Jacobson agreed and on Thursday declined to delay the Oct. 21 start date she had set, saying Christie was likely to lose on appeal. The Supreme Court did not say today whether it would delay the start date while it hears Christie’s appeal, but agreed to rule on that question, too.

Troy Stevenson, executive director of Garden State Equality, said advocates would keep pushing for an override of Christie’s veto in the state Legislature. Lawmakers have until Jan. 14 next year to gather the votes before the bill expires. "We appreciate the court taking up this issue in an expedited fashion as all parties requested,” he said in a statement today. “We believe the court will reaffirm that all loving and committed couples should have the freedom to marry.”

Sen. Raymond Lesniak, (D-Union) one of the sponsors of the same-sex marriage legislation, said he's optimistic the court will uphold Jacobson's decision. "I am looking forward to a determination by the Supreme Court, so we can start popping corks on Oct. 20th."

"We are also moving ahead with the override," Lesniak added, in case a future Supreme Court changes its ruling. "I hope and expect the Supreme Court to reject Christie's request for a stay of Judge Jacobson's decision, so gay couples in civil unions will receive the federal benefits they will be entitled to on Oct. 21. They shouldn't wait a day longer."

Udi Ofer, executive director of the American Civil Liberties Union of New Jersey, said the court’s announcement that it would hear arguments “three months from now makes it is even more pressing for the Legislature to act immediately to make marriage equality the law in New Jersey.” He also called on the justices to let same-sex marriages begin Oct. 21 during the appeal.

“Loving and committed New Jersey couples should not have to wait any longer to receive the equality that they deserve,” Ofer said.

Christie’s spokesman Michael Drewniak declined to comment.

John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage, agreed that the matter should be decided by voters. He said his group will file briefs opposing Jacobson's ruling.

With New Jersey courts "having a penchant for legislating from the bench. . . this is not a wise path," Tomicki said of the court's involvement. "This should go before the public in a constitutional amendment."

Star-Ledger staff writers Brent Johnson and Susan K. Livio contributed to this report.

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