Update: You're never going to believe this, but, at 4:59 p.m. the City and County of San Francisco also filed a motion urging the stay be lifted!
Attorney General Jerry Brown has filed a motion with Judge Vaughn Walker requesting that no stay be placed on the ruling overturning Prop. 8. If Walker lifts the current stay, it would lead to a brief period of legalized same-sex marriage until the 9th Circuit Court of Appeals officially takes the case and imposes its own stay.
"As the Attorney General has consistently stated and as was convincingly demonstrated at trial, Proposition 8 violates the Fourteenth Amendment of the United States Constitution," reads Brown's motion. "Defendant-Intervenors thus cannot demonstrate a likelihood of success on the merits in their appeal of this Court's Order."
Brown's motion was filed moments before Gov. Arnold Schwarzenegger's -- which also argued against continuing the stay.
While Brown didn't support a preliminary injunction against Prop. 8 at the outset of the trial, he says it's not inconsistent for him to oppose a stay preventing same-sex marriage now.
"Defendant-Intervenors' argument that the Attorney General's opposition to Plaintiffs' initial request for a preliminary injunction supports their request for a stay pending appeal ignores the fact that there has now been a trial on the merits that conclusively demonstrated that Proposition 8 is unconstitutional," he argues. "In opposing the request for a preliminary injunction, the Attorney General argued that "the parties, the Court, and, indeed, the general public would benefit" from having the constitutionality of Proposition 8 "decided on the merits following full briefing and argument by the parties."
From the governor's brief: "...The Court has enjoined enforcement of Proposition 8 and, in effect, ordered California to resume issuing marriage licenses in a gender-neutral manner, as had been done before Proposition 8 went into effect. In doing so, the Court has fulfilled its constitutional duty to determine fundamental questions of due process, equal protection, and freedom from discrimination."
Walker will decide whether to lift the temporary stay on his ruling some time in the near future.
You can read the attorney general's motion here: ATTY general doesn't want a stay.pdf
You can read the governor's motion here: Schwarzenegger on stay.pdf
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