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California Gov. Arnold Schwarzenegger, who twice vetoed legislation that would have legalized same-sex marriage, has surprised gay rights supporters by urging a federal judge to allow gay couples to resume marrying in the state without further delay.
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Lawyers for Schwarzenegger, Attorney General Jerry Brown, two gay couples and the city of San Francisco all filed legal motions Friday asking Chief U.S. District Court Judge Vaughn Walker to implement his ruling striking California's voter-approved same-sex marriage ban as unconstitutional.
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"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 Republican governor's lawyers said on his behalf. "Doing so is consistent with California's long history of treating all people and their relationships with equal dignity and respect."
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The governor and attorney general almost always defend state laws when they are challenged, regardless of their personal views. But in this case, both Schwarzenegger and Brown refused to participate in fighting the lawsuit aimed at overturning the ban, even though they both were named as defendants. That left the job of defending Proposition 8 to its backers, a coalition of religious and conservative groups known as Protect Marriage.
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[Jerry] Brown, the Democratic nominee who is seeking to replace Schwarzenegger when he is termed out of office this year, was more active than Schwarzenegger in supporting the lawsuit that led Walker to invalidate Proposition 8, submitting legal papers calling the ban unconstitutional. He also said Friday that it's time for gays to begin marrying again.
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"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," Brown said in his legal filing.
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Santa Cruz County Clerk Gail Peelers, president of the California Association of Clerk and Elected Officials, said county agencies that issue marriage licenses will be ready to serve same-sex couples whenever they get the green light.
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I hope that the ruling is not stayed and that couples can quickly begin marrying. It would be yet another blow to the Christianists who seem most happy only when they are trampling on the rights and happiness of other citizens.
1 comment:
Fascinating that Jerry Brown, running as the Democratic candidate for governor of California, must think that state voters will support him in this stance, even tho the voters approved Prop 8 in 2008. Does he believe that the electorate has changed their minds? His Republican opponent, Meg Whitman, opposes same sex marriage. So this November election may tell us where the voters in California really are!
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