California Governor Arnold Schwarzenegger and Attorney General Jerry Brown have filed briefs today that oppose a stay on U.S. District Court Judge Vaughn Walker's decision to overturn Proposition 8, the 2008 ballot measure that took away the existing right of gays and lesbians to legally marry in California.
If Walker lifts the stay on Monday, gay marriages could take place immediately.
Frontiers news editor Karen Ocamb reports that both Los Angeles County and the city of West Hollywood are gearing up to perform same-sex marriages if the stay is lifted.
Anti-gay marriage forces filed for a stay with Walker soon after handing down his decision on Wednesday, which the judge temporarily granted. As a result, his ruling did not go into full effect and no gay marriages could be performed this week.
Walker is now examining the merits of continuing the stay, with California's governor and attorney general filing briefs opposing it.
The “conclusion” of Schwarzenegger's brief states:
“The United States Supreme Court has cautioned lower courts against 'reflexively holding a final order in abeyance pending review.' Such caution is warranted here. Allowing this Court's judgment to take effect, and denying the extraordinary relief of a stay, furthers California's vital interest in respecting the relationships of same-sex couples and does not burden any governmental interest. Accordingly, the Administration respectfully requests that the Court deny defendant-intervenors' motion for stay pending appeal.”
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