By David Madden

TRENTON, N.J., (CBS) — The Christie Administration’s bid to delay a court order mandating gay marriage in New Jersey has been turned down by the judge who issued that order.

Judge Mary Jacobson’s order takes effect October 21st, although the Governor’s office will almost certainly seek a stay from a higher court. They’ve already filed an appeal with the state Supreme Court, but Jacobson isn’t so sure the move will succeed.

That’s just one of several reasons she listed in denying the state’s motion to put her order on hold. She also does not see the irreparable harm the Administration suggests if same sex marriage licenses were issued. But if those licenses were held up, she believes gay couples wishing to marry would suffer “many hardships of constitutional magnitude,” mostly involving federal benefits available to gay couples who are married, but not to those joined in civil unions.

A request to file an emergent motion appealing Judge Jacobson’s Oct. 10 denial of a stay in the matter of Garden State Equality v. Paula Dow has been filed with the Appellate Division of Superior Court.

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