This morning, the State of New Jersey submitted a letter to the Supreme Court Clerk’s Office requesting that the letter be accepted as a withdrawal of the State’s appeal in the same sex marriage case that is pending before the Court. The Court had issued a unanimous decision last Friday that denied the State’s request for a stay of the Law Division’s ruling that same sex marriages can proceed in New Jersey. The Court’s decision left little doubt that the State had an uphill battle on the merits if the appeal had proceeded. Now, the State has withdrawn the appeal.
There is law to the effect that a party opposing an appeal can seek to block the withdrawal of that appeal. It will be interesting to see whether the pro-same sex marriage forces attempt to keep the appeal alive, in order to get a ruling from New Jersey’s highest Court, or whether they are content with things as they are.