07 August 2010 12:04
California Gov. Arnold Schwarzenegger, who twice vetoed legislation that would have legalized same-sex marriage, has surprised gay rights supporters by urging a federal judge to allow gay couples to resume marrying in the state without further delay.
Lawyers for Schwarzenegger, Attorney General Jerry Brown, two gay couples and the city of San Francisco all filed legal motions Friday asking Chief U.S. District Court Judge Vaughn Walker to implement his ruling striking California's voter-approved same-sex marriage ban as unconstitutional."The Administration believes the public interest is best served by permitting the court's judgment to go into effect, thereby restoring the right of same-sex couples to marry in California," the Republican governor's lawyers said on his behalf. "Doing so is consistent with California's long history of treating all people and their relationships with equal dignity and respect."
In his 136-page decision overturning Proposition 8 Wednesday, Walker said he was ordering the state to cease enforcing the 22-month-old ban. But he agreed to suspend the order until he could review the briefs submitted Friday.
The measure's sponsors have asked the judge to keep the ban in effect until their appeal of Walker's ruling invalidating Proposition 8 is decided by higher courts.
They argued in court papers filed earlier this week that resuming gay marriage now would cause legal chaos if the U.S. 9th Circuit Court of Appeals or U.S. Supreme Court eventually reverse Walker's ruling.
It was unclear when the judge would decide whether to grant a stay that would prevent marriage licenses from being issued to gay couples during the appeals process.
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