Arnold Schwarzenegger | California | Gay Marriage | Jerry Brown | News | Proposition 8

Schwarzenegger, California AG Jerry Brown File Motions Urging Judge Walker to Allow Same-Sex Marriages to Resume

UPDATE: Governor Schwarzenegger wants same-sex marriages to resume immediately!

"The Republican governor filed his brief with U.S. District Court Judge Vaughn R. Walker before a Friday deadline to submit arguments on whether to continue a stay of Walker's decision against Proposition 8. '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,' wrote Kenneth C. Mennemeier, an attorney representing Schwarzenegger, in the brief. 'Doing so is consistent with California's long history of treating all people and their relationships with equal dignity and respect.'"

California Attorney General Jerry Brown has filed a motion opposing a stay of Judge Walker's decision striking down Proposition 8:

Brown "Brown told U.S. District Chief Judge Vaughn R. Walker that his historic ruling that overturned Proposition 8 probably will be upheld by higher courts. He said his office last year opposed a pretrial request to block Proposition 8 only because the legal and factual issues had not then been explored. 'That has now occurred,' Brown's office said. 'And 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.' Gov. Arnold Schwarzenegger is also expected to oppose a hold on the ruling."

Written arguments were due today regarding the stay. Walker has said he'll decide after reviewing them.

Read Brown's motion, AFTER THE JUMP...

2010.08.06 AG. Opp to Def Mtn for Stay

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Comments

  1. You go guys! Loving the Terminator and Moon Beam to death. And of course Judge Vaughn. The new Holy Trinity?

    Posted by: Ted | Aug 6, 2010 7:09:13 PM


  2. *thumbs up* ... how's his race for Governor looking, by the way?

    Posted by: KFLO | Aug 6, 2010 7:09:39 PM


  3. Queue McCain.....aaaaaaaaaand - Action!

    Posted by: David | Aug 6, 2010 7:28:28 PM


  4. Schwarzenneger is trying to repair his legacy so that he won't share a page with George Wallace for TWICE VETOING marriage rights that were TWICE passed by the state legislature.

    At this point I'll take it. I just wish others would think more about their place in history.

    Posted by: TampaZeke | Aug 6, 2010 7:30:51 PM


  5. Somehow, Arnold Schwarzenegger contines to be just the most surprising Republican of all of them.

    I'm impressed.

    Posted by: JAMES in Toronto | Aug 6, 2010 7:31:25 PM


  6. two words...

    maria shriver

    Posted by: jack | Aug 6, 2010 7:53:21 PM


  7. I'll try...but I am still having a hard time forgiving him.

    Posted by: Trasker | Aug 6, 2010 8:02:01 PM


  8. Scwarzenegger has been far, far less of a nightmare than anyone expected, but this still surprises me. Good for him. It was pretty clear that he supported same-sex marriage all along but had to play to his party and wasn't going to risk votes by approving it. Typical politician, but he's a lame duck now and has nothing to worry about. Especially since his party isn't especially happy with him on so many issues. Why not go out on the right side of history?

    I hope Brown is right about the ruling being upheld; too bad I can't share his confidence. And while I'd be ecstatic to see same-sex marriages resume, it could create yet another class of people (though I assume they'd just be lumped in with the group married before Prop 8).

    Posted by: Paul R | Aug 6, 2010 8:11:14 PM


  9. This is the best thing he's done since BATMAN AND ROBIN! ;-D

    Posted by: JSH | Aug 6, 2010 8:21:43 PM


  10. the last time it was legal here in california we passed it by, anticipating an action like prop 8. this time, if we get it, we're not letting the parade pass us by twice. shopping for rings tomorrow.

    Posted by: psgoodguy | Aug 6, 2010 8:27:53 PM


  11. Well when I heard this at first I was glad but maybe they thought they would lose if it went to the supreme court and it became the law of the land. So they would rather have samesex in cali and the rest of us are stuck outside looking in

    Posted by: nico | Aug 6, 2010 9:15:03 PM


  12. It's been very helpful to have both the Governor and AG on our side during this trail. It's very important we elect Brown governor and Kamala Harris as the new Attorney General in November so the power of the state governerment stays on our side through the appeal process. Both races look like they will be very close.

    Posted by: Ken | Aug 6, 2010 11:30:31 PM


  13. That these tiresome religious groups are being allowed to intervene in the first place is very much an American phenomenon. When the churches tried to meddle in Canada and South Africa, the courts basically told them to take their high priced lawyers and go back to the rectory. They had no legal standing.

    Civil marriage is a matter between the government and same-sex couples, not them.

    That's why it is called CIVIL marriage.

    Posted by: John | Aug 7, 2010 12:18:07 AM


  14. I particularly like AFER's filing, which calls into question whether Defendant-Intervenors even have standing to appeal AT ALL, particularly as Defendants agree with the decision and want it implemented immediately.

    Posted by: Randy | Aug 7, 2010 12:44:16 AM


  15. Good for Schwarzenegger! As one who has had the right to marry quite a while in my state of Connecticut, I congratulate those in California on the reversing of Proposition 8 and encourage all to support the furthering of equality for all.

    Best wishes,
    Chris Rich
    Your Gay REALTOR in Connecticut

    Posted by: Chris Rich | Aug 7, 2010 7:39:01 AM


  16. I think that Schwarzenegger respects the opinions of courts very much. Much more than opinions of politicians and common people.

    Posted by: TheSeer | Aug 7, 2010 7:45:51 AM


  17. Of course Arnold wants the marriages to continue, Arnold has served his time as Governor; now it is time for Equality. California needs to get the economy going again and gay marriages will be a jumping off point.

    Posted by: Jeff Dunivant | Aug 7, 2010 7:48:53 AM


  18. Which states permit out-of-state same sex couples to marry? My partner of 20 years and I would like to be in San Francisco for a ceremony, but I'll bet the law was written to preclude that.

    Posted by: candideinnc | Aug 7, 2010 9:39:19 AM


  19. So does this mean that some one who was opposed to marriage equality can come around to a different P.O.V.?

    I hope there are as many congratulations on President Obama's behalf as he too, I believe, is attempting be able to do the same at some point.

    It's odd how not many talk more above board about a little heralded "right" that allows our whole contry to exist...the freedom TO CHANGE YOUR MIND when you get or discover new information...It's a stinking shame that changing one's mind became politized as "flip floping" and that the admirable ideal is popularly thought to be someone who is so grounded in principal no matter the circumstances, and won't ever bend in the slightest, as opposed to those open to reevauating their perspectives on issues as they go along from time to time and are open to the evolution of their views on issues and unafraid to act accordingly, (which is strange since on so many levels that's what almost all of us do as we go along in "real" life).

    Posted by: sonofabutch | Aug 7, 2010 6:48:24 PM


  20. so after vetoing marriage equality TWICE, what's prompted schwarzenegger's support for equality?

    Posted by: rick | Aug 10, 2010 10:46:58 PM


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