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Asbury Park Deputy City Clerk Kiki Tomek will begin to accept applications for marriage licenses from same-sex couples Friday, city officials confirmed.

“The City of Asbury Park intends to follow the Order entered on September 27, 2013 by the Honorable Mary C. Jacobson, A.J.S.C., in the case known as “Garden State Equality, et als vs. Paula Dow, et als,” which granted relief to the Plaintiffs and which has not been “stayed” as of the date and time of this e-mail communication,” City Attorney Frederick Raffetto said in an email to the Sun.

After the Supreme Court awarded federal benefits and rights when it struck down the Defense of Marriage Act in June, LGBT civil rights nonprofit Lambda Legal teamed up with Garden State Equality to  file the suit, which argued barring same-sex couples from the same rights afforded to opposite-sex couples was unconstitutional, according to the Lambda Legal website. The group launched their NJ United for Marriage campaign on the Asbury Park boardwalk in July [photo shown above]. Two Asbury Park residents were the lead plaintiffs in the case.

Jacobson ruled the defendants and any other same-sex couples in the state of New Jersey who satisfy the same requirements as opposite-sex couples shall be permitted to enter in a civil marriage in the state starting Monday.

To satisfy the 72-hour waiting period that “is statutorily required between the time of application for and the issuance of a marriage license,” the city clerk will accept applications starting Friday so same-sex couples can receive their license and be married on Oct. 21., Raffetto said.

“The City believes that such action is in furtherance of the intent and spirit of Judge Jacobson’s Order,” he said.

“It should be noted that State law does allow for a ‘waiver’ of the 72-hour wait period, but only by Court Order entered by a Superior Court Judge,” said Raffetto.

“I started getting calls a couple weeks ago but had no instructions from the state,” Tomek said. “I was up until 2 a.m. [Thursday] thinking about how people would have to start to apply now if they want to get married Monday. So that’s what I’m going to do.”

Tomek received “about a dozen or so calls from people all over the state of New Jersey”  Thursday from couples inquiring whether Asbury Park would provide the applications to same-sex couples so that they could be married as soon as they were able, said City Manager Terence Reidy.

“So we thought, ‘absolutely, let’s start getting ready’,” he said.

Reports the State Department of Health issued a notice to municipal clerks across the state requesting they hold off issuing licenses until the state supreme court can weigh in on the matter are unconfirmed, and no information to that effect is listed on their website.

“[I]t is not clear that the State Health Department has issued a legally binding order to stop the issuance of applications to same sex couples wishing to be married,” Reidy said in an email to the Sun. “If there is not a legally binding prohibition against issuing applications, it is my opinion that we have an obligation to facilitate these applications and allow couple to be legally eligible for marriage (if they so choose) on October 21st.”

“If, prior to October 21, 2013, the New Jersey Supreme Court should issue a ‘stay’ of Judge Jacobson’s Order, then the City will certainly abide by such ‘stay’,” Raffetto said.

The state has not issued a stay as of early Friday morning.

“[U]nless and until that happens, the City intends to move forward immediately to fulfill Judge Jacobson’s Order by accepting applications for marriage licenses from same-sex couples, starting with the commencement of business [Friday],” Raffetto said.

Tomek, whose usual hours are 9 a.m. to 4 p.m., will open the city clerk’s office early Friday and may even stay later than 4 p.m. She and Reidy are “still working out the details,” she said.

“I’m really excited that Asbury, again, is at the forefront of marriage equality and kudos, in part to Kiki, and the City of Asbury Park,” said Councilwoman Amy Quinn.

To apply for a marriage license in Asbury Park, couples must bring proof of identity [driver’s license, passport or state/federal I.D.], social security card or number, a witness at least 18-years old, and $28 cash to satisfy the application fee. At least one person listed on the application to be married must be an Asbury Park resident.

“New Jersey United for Marriage [NJUM] applauds those mayors and towns who are moving forward to establish marriage equality in New Jersey as soon as possible. And we celebrate the weddings to come and the solidifying of love and family throughout the state. Their forsight demonstrates the demand by these couples to be recognized with the integrity and respect they deserve and have been awaiting for years,” NJUM campaign manager Michael Premo [shown above, at podium] said in a statement released Thursday.

The municipal clerk’s office is located at One Municipal Plaza.

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