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State Superior Court Judge Mary Jacobson today denied the Christie administration's request to delay the start of same-sex marriages while they appeal the case to the state Supreme Court.

(Frances Micklow/The Star-Ledger)

TRENTON — A state Superior Court judge today denied the Christie administration's request to delay same-sex marriages in New Jersey beyond Oct. 21 while it appeals the matter to the state Supreme Court, saying that such a move would infringe on couples' rights.

But the administration quickly responded by requesting the same delay from the state Appellate Division instead, according to the state Attorney General's Office. It is unclear when the court will consider the motion.

Judge Mary Jacobson ruled last month that same-sex couples in New Jersey were being denied equal rights and must be allowed to marry in view of the U.S. Supreme Court's June ruling that overturned the Defense of Marriage Act.

The administration intends to appeal the ruling directly to the state Supreme Court to prevent the marriages, bypassing the normal procedure through the appellate courts. In the meantime, it had asked Jacobson to delay marriages until the appeal was decided.

But in a 17-page decision issued today, Jacobson rejected the request and said allowing marriages to move forward would cause no harm to the state and the administration was unlikely to succeed on appeal.

"The 'harm' (the state) alleges simply cannot justify depriving plaintiffs and other same-sex couples of equality in the form of access to important federal marital benefits," Jacobson wrote.

Gov. Chris Christie's office has not yet returned a message.

Gay-rights advocates applauded the decision.

"This is a historic moment for all loving and committed couples in New Jersey," said Mike Premo, the campaign manager for New Jersey United for Marriage. "The fact that those who have waited so long for this moment can get married in just 11 days is truly amazing and something to be celebrated."

Opponents said they were disappointed. John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage, said he hopes for a resolution quickly.

"You don't want to wind up with the situation that happened in California," Tomicki said. "First there were same-gender marriages. Then there weren't. Then there were. You want to find some logical consistency."

Star-Ledger staff writer Brent Johnson contributed to this report.

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