Schwarzenegger, Brown File Motions To Resume Gay Marriage
SAN FRANCISCO — Lawyers for gay couples, California Gov. Schwarzenegger and Attorney General Jerry Brown filed legal motions Friday telling a federal judge that allowing same-sex marriages to resume immediately in the state was the right thing to do.
The motions came two days after U.S. District Court Judge Vaughn Walker struck down California's voter-approved gay marriage ban as unconstitutional.
In his 136-page decision, Walker said gay marriages should begin immediately. But later Wednesday, he agreed to suspend weddings until he could consider the legal arguments he ordered to be filed by Friday.
Opponents of same-sex marriage said they want Proposition 8 to stay in effect until their appeal of Walker's ruling 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.
The 9th Circuit received the case on Wednesday, hours after Walker issued his decision.
On Friday, Schwarzenegger and Brown were the first to weigh in on the issue and both urged an immediate resumption of gay marriage. The legal team of David Boies and Ted Olson, who filed the lawsuit on behalf of two gay couples that led to Walker's ruling, also submitted a motion in conjunction with the city of San Francisco, another plaintiff.
They all argued that since the judge ruled that California's marriage ban was illegal, gay couples should be able to marry now.
Boies and Olson said gay couples "will continue to suffer irreparable harm if Proposition 8's irrational deprivation of their constitutional rights is prolonged."
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SAN FRANCISCO — Lawyers for gay couples, California Gov. Schwarzenegger and Attorney General Jerry Brown filed legal motions Friday telling a federal judge that allowing same-sex marriages to resume immediately in the state was the right thing to do.
The motions came two days after U.S. District Court Judge Vaughn Walker struck down California's voter-approved gay marriage ban as unconstitutional.
In his 136-page decision, Walker said gay marriages should begin immediately. But later Wednesday, he agreed to suspend weddings until he could consider the legal arguments he ordered to be filed by Friday.
Opponents of same-sex marriage said they want Proposition 8 to stay in effect until their appeal of Walker's ruling 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.
The 9th Circuit received the case on Wednesday, hours after Walker issued his decision.
On Friday, Schwarzenegger and Brown were the first to weigh in on the issue and both urged an immediate resumption of gay marriage. The legal team of David Boies and Ted Olson, who filed the lawsuit on behalf of two gay couples that led to Walker's ruling, also submitted a motion in conjunction with the city of San Francisco, another plaintiff.
They all argued that since the judge ruled that California's marriage ban was illegal, gay couples should be able to marry now.
Boies and Olson said gay couples "will continue to suffer irreparable harm if Proposition 8's irrational deprivation of their constitutional rights is prolonged."
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