In his brief, Schwarzenegger called on U.S. District Court Chief Judge Vaughn Walker to lift the stay on his ruling that California’s gay marriage ban is unconstitutional, thereby allowing gay marriages to resume:
“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 brief read.
“Doing so is consistent with California’s long history of treating all people and their relationships with equal dignity and respect.”
News of the Governor’s brief came shortly after Attorney General Jerry Brown filed a motion to lift the stay in the decision to overturn Proposition 8. In that motion, Brown wrote:
“While there is still the potential for limited administrative burdens should future marriages of same-sex couples be later declared invalid, these potential burdens are outweighed by this Court’s conclusion, based on the overwhelming evidence, that Proposition 8 is unconstitutional. Accordingly, the harm to the plaintiffs outweighs any harm to the state defendants.”
“…The Attorney General respectfully requests that Defendant-Intervenors’ request for a stay pending appeal be denied>”
Walker ruled Wednesday that the gay marriage ban created by Proposition 8 violates federal equal protections and due process laws.
However, he agreed to block gay marriages from immediately resuming until he can consider arguments on whether to keep the ban in effect while its supporters take their appeal to the 9th U.S. Circuit Court of Appeals.
Both Schwarzenegger and Brown were named as defendants in the federal trial challenging Proposition 8, and both declined to defend it in court.