On Friday, the Supreme Court announced that it would grant the State’s application for direct certification to review the September 27 ruling of the Law Division that granted summary judgment in favor of the plaintiffs in Garden State Equality v. Dow. There, the Law Division held that, as a matter of constitutional law after United States v. Windsor, 570 U.S. ___, 133 S.Ct. 2675 (2013), New Jersey must permit same-sex marriage.
The case will thus bypass the Appellate Division and go directly to the Supreme Court. The Court will also take jurisdiction of the State’s application to stay the Law Division’s ruling. The Law Division had denied a stay pending appeal, in a decision that is available here. The State then appealed to the Appellate Division, sought a stay from that court, and asked the Supreme Court to hear the case directly.
The Court’s Order granting direct certification is available here. The State’s opening brief is due by November 4. Briefing will continue through November and conclude by December 3. The Court will hear oral argument on January 6 or 7, 2014.