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Gov. Arnold Schwarzenegger and Attorney General Jerry Brown urged a federal judge to maintain Proposition 8 for the time being, saying too much uncertainty would result statewide to put the gay marriage ban on hold during the time the latest challenge gets decided in federal courts.
State lawyers fought an injunction freezing the gay marriage ban currently in place, opposing the federal court request filed in San Francisco by two gay couples, who want to get married, last month. Backed by former U.S. Solicitor General Theodore Olson along with lawyer David Boies, the couples moved to counteract the California Supreme Court's May 26th ruling to uphold Proposition 8 under the argument it is a violation of equal protection rights of the federal constitution.
In separate arguments, Brown and Schwarzenegger claimed havoc would ensue if the law was stayed during the time constitutional issues come to a resolution, maybe eventually by the US Supreme Court. Neither the governor or attorney general gave a position regarding questions of the federal constitutional, but focused only on whether Proposition 8 during the litigation period. The stay would allow marriages for same-sex couples to resume.
Brown urged the California Supreme Court to overturn Proposition 8 in the past, while Schwarzenegger publicly stated he believes the courts will allow gay marriage in the future.
"It would not serve the public interest because it would create significant uncertainty for many persons concerning a relationship in which certainty is of the utmost importance," Brown wrote in opposition to a federal injunction.
Proposition 8 amended the California constitution last November through a voter approved ballot measure, changing the prior Supreme Court ruling that eliminated the state's previous laws banning same-sex marriage. However, the Supreme Court did not invalidate the 18,000 same-sex marriages that occurred prior to the restriction taking effect.
The new suit aims to reverse Proposition 8 using federal constitutional grounds. US District Judge Vaughn Walker scheduled a hearing at the beginning of July for the arguments consideration. Opponents of gay marriage intend to contest attempts made to have the ban overturned.
