There was a lot of legal activity late yesterday in the Prop. 8 case. Several parties, including the plaintiffs, the Governor of California and the state's Attorney General asked Judge Walker to end the stay on the decision.
From Karen Ocamb, who has the background on the plaintiffs action:
The legal team of David Boies and Ted Olson (pictured here with American Foundation for Equal Rights’ Chad Griffin) filed their motion asking Judge Walker to lift his stay on allowing Prop 8 to be struck down as unconstitutional.And, via the San Francisco Chronicle, Arnold wants the same thing:
Gov. Arnold Schwarzenegger called today for the immediate restoration of same-sex marriage in California, urging the federal judge who overturned Proposition 8 to impose his ruling while the case moves through the higher courts.Earlier this week, several people reminded me on Twitter that Governor Schwarzenegger vetoed marriage legislation -- twice. He wouldn't defend the case either, even though he's a named plaintiff. Seems like he's really trying to redeem himself -- or something.
Allowing gay and lesbian couples to marry "is consistent with California's long history of treating all people and their relationships with equal dignity and respect," said a legal brief written on behalf of Schwarzenegger.
Also, the Attorney General of California (and Democratic candidate for Governor) Jerry Brown:
Attorney General Jerry Brown, who is running for governor, also filed arguments Friday against extending a stay of Walker's ruling. Referring to the ban on same-sex marriage, Brown's filing stated that "the public interest weighs against its continued enforcement."If Judge Walker lifts the stay, marriages can begin. But, the other side will appeal that decision to the Circuit Court.
One thing is clear: this became an issue in the races for Governor and Attorney General of California.
Here's the motion from the plaintiffs. It's actually a good read, which can't often be said for legal documents:
Prop. 8 Plaintiffs Opp to Motion for Stay
