On Monday, October 21, Chris Christie ended his fight against the state judiciary to prevent the legalization of same-sex marriage in New Jersey; at 12:01a.m. the next day, same-sex couples were permitted to marry.  The drive for marriage equality in New Jersey was by no means an easy one: legislative and judicial initiatives both faced setbacks and opposition at every step.

The legal battle for marriage equality culminated in the New Jersey Supreme Court’s decision in Garden State Equality v. Dow, handed down on Friday, October 18.  That case began in 2011 when the Garden State Equality group and a number of same-sex couples filed a lawsuit in Mercer County’s Superior Court.  The presiding judge at first dismissed the case, but then rescheduled it for trial.  On July 3, 2013, plaintiffs filed for summary judgment in the Superior Court of New Jersey; Judge Mary Jacobson granted the plaintiff’s motion on September 27, 2013.

Judge Jacobson’s opinion in part focused on a development that will likely affect all future lawsuits challenging same-sex marriage bans: United States v. Windsor.  In Windsor, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (DOMA), holding that the federal government’s failure to recognize same-sex marriages legally performed in states violated the Equal Protection Clause of the Fifth Amendment.  United States v. Windsor, 133 S.Ct. 2675, 2693 (2013).

In Garden State Equality, Judge Jacobson determined that  New Jersey’s own equal protection provisions must now be re-examined “in light of the changed circumstances brought about by Windsor.”  Garden State Equality v. Dow, 2013 WL 5397372 (N.J.Super.L.), 20.  After a thorough analysis of both parties’ arguments, Judge Jacobson concluded that New Jersey’s denial of marriage licenses to same-sex couples violated the equal protection provisions of the New Jersey constitution.  Id. at 24.

After the Judge Jacobson denied Gov. Christie request for a stay pending  appeal to the state’s appellate courts, he immediately appealed to the New Jersey Supreme Court. This marked Christie’s second attempt to stymie progress towards marriage equality: in 2012, Christie vetoed a bill passed by the New Jersey legislature which would have permitted same-sex marriage.  On October 18, the New Jersey Supreme Court provided the blunt governor with a blunt answer: it would not grant a stay because it would almost certainly affirm Judge Jacobson’s ruling.  The court determined that same-sex couples could apply for marriage licenses immediately, and Gov. Christie decided to end his legal fight.

What is the significance of this legal victory for marriage equality advocates?  First, it shows that Windsor will be used by state judiciaries to invalidate denials of marriage access to same-sex couples.  Second, it shows a very curious path forward for Gov. Chris Christie and the Republican Party as a whole.  Christie will almost certainly run for president in 2016, and what sets him apart from other prospective candidates is his pragmatic rather than ideological approach to issues.

Thus, Christie’s decision to end his legal efforts against same-sex marriage was entirely keeping with his character: it does not betray any change of heart regarding marriage equality, it instead shows that he saw the writing on the wall: the state supreme court would rule against him sooner or later.  By dropping his appeal, Christie has burnished his “moderate” appeal, especially compared to other probable 2016 contenders like Marco Rubio and Ted Cruz.  While ending a losing fight might seem logical rather than laudable, Christie nonetheless has positioned himself as a realist devoid of the self-destructive bent towards ideological purity that pervades the Republican Party. While Christie’s political future is not certain, one thing is: as a result of Christie giving up, New Jersey’s same-sex couples are enjoying the benefits of legal marriage earlier than expected.