California AG Harris Asks Appeals Court to Lift Stay, Permit Same-Sex Couples to Marry

California Attorney General Kamala Harris filed a motion with the 9th Circuit Court of Appeals today asking it to lift the stay on the federal court order directing California to allow gays to marry.

Wrote Harris in the brief: Harris

“For 846 days, Proposition 8 has denied equality under the law to gay and lesbian couples. 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, moments have been missed, and justice has been denied.”

Last week, attorneys Ted Olson and David Boies, who are representing the plaintiffs in the federal challenge to Proposition 8, announced that they had filed a motion asking the 9th Circuit Court of Appeals to allow same-sex marriages to resume in California, as well as a petition to the California Supreme Court asking them to further expedite proceedings in that case.

Read the filing HERE (PDF).


  1. says

    Her race (and eventual victory) for the AG position last year was severely underrepresented in the media. This is one of what I hope will be many great things she’ll do.

  2. justme says

    It’s unbelievable that she almost lost the AG race to one of the state’s biggest crooks, Steve Cooley, who promised he would defend Prop 8 in court. One of the single brightest political stars in the entire nation almost lost to a cheap two-bit corruption-ridden hood who couldn’t even serve LA County, let alone do any good for the state. I am literally thankful every day that she’s the CA AG.

  3. says

    It’s going to be a tough fight. It should be noted….

    Theories that the anatomical disharmony of children resulted from miscegenation were discredited by 20th-century genetics and anthropology. Although it is now accepted that modern populations are the result of the continuous mixing of various populations since prehistoric times, taboos on miscegenation-in some instances legally enforced-have existed and continue to exist in many race-based societies. In South Africa the official policy of apartheid for many years included legal prohibitions on miscegenation.

    In the United States many states had laws against interracial marriage until the Supreme Court declared them unconstitutional in 1967.

    It’s only been 44 years!!!

  4. says

    Interesting contrast: how many are aware that the brother-in-law of Kamala Harris is Tony West, the same Tony West who was appointed Assistant US Attorney General by Barack Obama and has led the defense of DOMA and DADT in court using tactics better suited to the Chicago Mafia than the Obama Mafia. E.g., trying to kill the LCR DADT challenge even before it got to court by fighting their “standing” to bring their case [brought up AGAIN in the government’s brief last Friday], the standing of Alex Nicholson and an active duty John Doe to participate, and suddenly outright lied claiming that Margie Witt wasn’t discharged because she was gay but because of “adultery”?

    As Karen Ocamb commented: bet this family’s Thanksgivings are interesting. “Please pass the mashed potatoes…and just WHY are you being such an ass for the federal government?”

  5. George Vreeland Hill says

    When two people get married, it is because they love each other.
    They want to be together in a bond that makes them one with each other forever.
    It is a wonderful thing to have such a bond.
    It is special.
    It is love.
    When a man and a woman get married, no one blinks an eye.
    If two men or two women do the same, then many people do not approve.
    They claim that it is not right or that it soils the real meaning of marriage.
    What is the real meaning of marriage?
    The answer to that question is in line one of this article.
    It is because they love each other.
    Does it matter if the couple is gay or straight?
    Should it matter?
    After all, why should it.
    Gays want their equal rights and among those equal rights is the right to be married.
    I agree with wanting equal rights.
    We are all people which means we are all the same.
    It does not matter if someone is gay, white, black, a man, a woman, tall, short, young, old or whatever.
    We all want our equal rights.
    That is our right.
    However, we need to go beyond equal rights when it comes to gay marriage.
    Society needs to understand that any marriage is not about the right to be married.
    It is about wanting to be married as a loving couple.
    Love is not something that should be decided on by voters.
    It is not a court issue either.
    It should not be an issue at all.
    Marriage is between two people in love.
    It is not between two people, the voters, the courts and anyone else who has an opinion.
    Gay marriage does not bring down the meaning of marriage.
    It makes the true meaning of marriage even better.
    That is what love does.
    It makes things better.
    Society has come a long way in the last fifty years in terms of equality, but we still have a long way to go.
    It is a shame that love is something that needs to be fought for.
    I am not gay, but I am the same as you as you are to me.
    May love conquer all.

    George Vreeland Hill

  6. Joe DiPasquale says

    This is so awesome. Thank you Kamala.

    I don’t know why the stay was granted in the first place as there are clear criteria for a stay and prop 8 clearly didn’t meet those. Olson and Boies filed a strong opposition to that stay back in August but for whatever reason Judge Walker still got it wrong.

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