A New Jersey judge rejected the state 's appeal to halt same-sex marriages on Thursday , clearing the way for couples to marry later this month . Superior Court Judge Mary Jacobson denied the state 's motion to stay her September 27 ruling that civil unions were insufficient because they hindered federal benefits . In that ruling , Jacobson cited the U.S. Supreme Court 's June rejection of part of the federal Defense of Marriage Act , a move that ensured that same-sex spouses legally married in a state may receive federal benefits . The state argued in its appeal that it already provides equal marital rights and benefits to same-sex couples in New Jersey with civil unions , saying any federal benefits or rights deprived to partners in civil unions fall on the shoulders of the federal government , not theirs . But in her ruling on Thursday , Jacobson said the inability for partners in civil unions to access federal marriage benefits violates New Jersey 's constitution . Same-sex couples will be able to wed beginning October 21 . However , the state will seek a stay of the ruling from an appellate court , said Lee Moore , a spokesman for the state Attorney General 's Office . Lee said the state will continue to seek an expedited review of the case by the New Jersey Supreme Court . `` This is a historic moment for all loving and committed couples in New Jersey , '' said Mike Premo of 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 . '' New Jersey Gov . Chris Christie 's office , which said after the September 27 ruling that it had wanted the `` issue of marriage equality '' to be on the ballot this November , '' declined any new comment on Thursday . Aides referred CNN to Christie 's remarks from the gubernatorial debate this week . `` I do n't think ( the issue ) should be decided by 121 politicians in Trenton or seven judges on the Supreme Court , '' Christie said in his debate against Democratic State Sen. Barbara Buono . `` It should be decided by the 8.8 million people of New Jersey , and if they do decide to change the definition of marriage by referendum then I will support that law and enforce that part of the constitution with the same vigor that I 've done for the last four years with every other part . ''
Judge upholds her September ruling on same - sex marriage . Civil unions are legal in New York for same - sex couples . Judge says that 's not enough to allow couples federal benefits .