Calif. attorney general Jerry Brown has formally opposed a move by Proposition 8 proponents to block marriages for same-sex couples pending an appeal to the U.S. Court of Appeals for the Ninth Circuit.
Though the attorney general's office had opposed a request by plaintiffs' attorneys David Boies and Ted Olson to block Prop. 8 prior to trial, Brown wrote in a motion filed to the court on Friday afternoon that "the public interest weighs against [Prop. 8's] continued enforcement," after U.S. District judge Vaughn R. Walker ruled the ballot measure unconstitutional.
"[W]hile 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," Brown wrote. "Accordingly, the harm to the plaintiffs outweighs any harm to the state defendants."
Attorneys representing Calif. Gov. Arnold Schwarzenegger also wrote the court in opposition to a stay: "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," they wrote. "Doing so is consistent with California’s long history of treating all people and their relationships with equal dignity and respect."
Prop. 8 proponents have asked for a stay of Walker's decision on the grounds that "another purported window of same-sex marriage in California would cause irreparable harm."
Walker asked attorneys to submit arguments for or against a stay to the court by Friday but has not indicated when he will make a decision.
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