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As of today, gay and lesbian couples can get legally married in New Jersey. This development arises from a series of events, most importantly the refusal of the state’s highest court to delay enforcement of a lower-court ruling that said the state’s ban on same-sex marriage is unconstitutional. But in refusing to delay enforcement, the New Jersey Supreme Court has signaled its views on the underlying question: Can New Jersey constitutionally restrict same-sex couples to civil unions now that the federal government gives effect only to full marriages? Its answer seems to be “no.”



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