California Attorney General Requests Stay of Perry Ruling be Lifted

The plaintiffs' counsel in Perry v. Schwarzenegger have already asked that the 9th Circuit Court of Appeals lift the stay of Judge Walker's ruling. Now, California Attorney General, Kamala Harris, has likewise requested the appeals court to lift the stay. If the stay is lifted, the ban on same sex marriages would be removed pending the outcome of the appeal. Part of Harris' reasoning is that the likelihood of success for the Prop 8 supporter's appeal is questionable - the 9th Circuit itself has indicated that it believes the Prop 8 supporters may lack standing to bring the appeal - and that injustice is being done to LGBT citizens in the interim. Harris' statement to the Court can be found here. I believe that her legal points are correct and that the 9th Circuit needs to lift the stay. Here are highlights from the Advocate:
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California attorney general Kamala Harris filed a brief with the ninth circuit U.S. court of appeals Tuesday that asked the court to immediately reinstate same-sex marriage in the Golden State.
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The appeals court has asked the California supreme court to decide whether plaintiffs in the appeal — antigay groups like ProtectMarriage.com — have standing to defend Prop. 8 under state law, since California's governor and attorney general refuse to defend it.
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The appeal’s likelihood of success has been substantially diminished, Harris said in her statement to the court, “both by the United States Attorney General’s conclusion that classifications based on sexual orientation cannot survive constitutional scrutiny and by this Court’s certification order to the California Supreme Court, which seriously questions the Court’s jurisdiction to decide the merits of the case.”
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Harris also said in her statement that Prop. 8 proponents will not suffer any harm or injury should gay couples be allowed to marry. She also cited the decision by President Barack Obama and the Justice Department not to defend the Defense of Marriage Act in an appeals court.
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“For 845 days, Proposition 8 has denied equality under law to gay and lesbian couples,” Harris said in her statement. “Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law. Each one of those days, loved ones have been lost, opportunities have been missed, and justice has been denied.”
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As noted many times on this blog, anti-gay laws exist for two reasons: (1) to punish gays for not conforming to Christianists religious beliefs and (2) to improperly afford one version of Christian belief special rights and status under the law. These objectives are both unconstitutional.