“There is no ‘public interest’ in depriving a class of New Jersey residents their constitutional rights while appellate review is pursued,” wrote Judge Mary C. Jacobson of State Superior Court in Mercer County, who also wrote the decision last month that ordered the state to allow same-sex marriages. “On the contrary, granting a stay would simply allow the State to continue to violate the equal protection rights of New Jersey same-sex couples, which can hardly be considered a public interest.”
The state immediately requested that the appellate division grant a stay. It had already asked the New Jersey Supreme Court to hear the appeal on an expedited basis; the court has not said yet whether it will do so.
Source: NY Times