Thank you for your question.
You have not set out if the Home Office, when refusing the application, accepted that you were in a genuine and subsisting relationship. If they did, it is irrelevant if you are married. If they did not believe it, then you may have to consider submitting a new application so that Home Office can consider this aspect of your case.
Having said that, the rule on partner application is very tough now since 9th July 2012. Even if the Home Office accepted that there is a genuine and subsisting relationship, you have satisfy the Home Office of the following rule:
EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.
I am unable to comment on the prospect of your case at the Judicial Review stage. This really depends on the representation you submitted to the Home Office before your husband's case was refused.
Thank you for your query.