California Attorney General asks court to immediately allow gay marriage

Tue. March 1, 2011 11:39 PM by News Staff

San Francisco - California State Attorney General Kamala Harris has asked a federal appeals court to allow gay marriages to resume immediately, as the battle over Proposition drags through the system.

In papers filed on Tuesday, Harris said that even if opponents of gay marriage are ruled to have the proper standing to defend Prop. 8, the President's recent decision to abandon defense of "The Defense of Marriage Act" (DOMA) means "the likelihood that the appeal will succeed on the merits has been substantially diminished."

California voters approved the Prop. 8 ban on same-sex marriages in 2008, but it was ruled unconstitutional by Judge Vaughn Walker last year.

However, Walker put a stay on his own decision so opponents could appeal. Judges are currently looking at whether the religious conservatives who are currently fighting for Prop. 8 have the legal right to do so, since last year, both then-Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to defend Prop. 8 in court.