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California AG Brown Urges Appeals Court to Resume Same Sex Unions

California Attorney General Jerry Brown says same-sex weddings should be allowed immediately and urged the 9th U.S. Circuit Court of Appeals to lift the ban, saying there is "overwhelming evidence" the voter-approved ban on such marriages is unconstitutional. "Brown's filing was one of several expected to be lodged with the court late Friday saying the marriages should go ahead," adds the San Francisco Chronicle.

Chief U.S. District Judge Vaughn Walker struck down Proposition 8 in a landmark ruling on August 4. On Thursday he ruled that counties could begin marrying gay and lesbian couples at 5 p.m. Wednesday. Within hours, the anti-gay Prop 8 supporters filed an appeal with a three-judge panel at the Ninth Circuit court.

Brown and Gov. Schwarzenegger were named as a defendants in Perry v Schwarzenegger but refused to defend Proposition 8 in court. Sponsors of Proposition 8 defended the ban instead.

News: Prop 8, Ciara, Kaoz, Bow Wow, Alvin Greene, Ruben Diaz Sr.

Will Cleveland lose the 2014 Gay Games?

Three openly gay nominees are being held up by the Senate.

Memphis' proposed LGBT non-discrimination bill is once again postponed.

Fired Florida police officer who appeared in a gay porn film can keep his certification.

Crush object: Openly gay rapper/spoken word artist Kevin "Kaoz" Moore. The Twin Cities-based rapper is getting rave reviews for his performance in Fierce Love: Stories From Black Gay Life by performance group Pomo Afro Homos

American Bar Association backs marriage equality.

South Carolina Democratic Senate nominee Alvin Greene indicted by a grand jury on obscenity charges. 

New York Senate Majority Leader John Sampson—under fire for supporting Democrats that opposed marriage equality—skips fundraiser for rabidly anti-gay Sen. Ruben Diaz Sr. 

Could homophobia be behind Ciara's recent cancellation at Atlanta Black Gay Pride? "Less than two days after  we exclusively reported that Ciara would be part of Atlanta Black Pride Weekend," reports WhatsTheT.com. "Word comes that Cici may be having a case of cold feet. Ciara’s picture was [taken] off [the website]. One source says Ciara may be a little more concerned about the lesbian affiliation more than the gay males... Dear Ciara, whatever the case, lesbians could only help your music career!"

Bow Wow forced to work part time at Foot Locker?

Prop 8 Roundup: Was Judge Vaughn Walker's stay order the right or wrong decision? Proponents file emergency appeal. Walker and some legal experts do not believe the defendants intervenors have "standing" to appeal the decision. Imperial County intervenes to appeal ruling.

  The number of attacks believed to be tied to suspected serial killer Elias Abuelazam grows longer. "Police in Virginia investigate whether he also stabbed his former neighbor to death. Police in Israel said the Israeli-Arab stabbed a friend in Israel about six months ago, who survived. The attacks would bring to 20 the total number of victims."

READ: Judge Vaughn Walker's Final Stay Order in Proposition 8

Final Stay Order

Chief U.S. District Judge Vaughn Walker's final stay (PDF) in Perry v Schwarzenegger is now on Scribd. The stay will not be canceled until 5PM on Aug. 18. Via GoodAsYou, read the decision....

Judge Walker Lifts Stay on Prop 8; Marriages to Resume August 18

Chief U.S. District Judge Vaughn Walker, who last week struck down Proposition 8 as unconstitutional, has lifted his stay but same-sex marriages are still on hold.

Walker has ruled that same-sex marriages should resume immediately in California and put his order on hold until August 18 for the appeals court to review the matter.

Adds the Mercury News: "Walker's ruling invalidating the state's voter-approved ban on same-sex marriage has already been appealed to the 9th U.S. Circuit Court of Appeals. Proposition 8 proponents have indicated they will seek an emergency stay from the San Francisco-based 9th Circuit of any order from the judge that would allow same-sex marriages to take place while the broader legal challenge proceeds."

Thursday: U.S. Judge Vaughn Walker to Rule on Proposition 8 Stay

Later this morning we'll learn if gay and lesbian couples can resume marrying in California, reports the San Francisco Chronicle.  Chief U.S. District Judge Vaughn Walker will issue his decision Thursday by noon. "Walker will either lift the stay, which could enable gay and lesbian couples to get married, or to leave it in place, which would maintain the ban."

Schwarzenegger and California AG Brown File Motions Asking Judge to Resume Same Sex Weddings

In what has been described as an "extraordinary" court filing, California Republican Gov. Arnold Schwarzenegger has filed a brief urging that same sex marriages be allowed to resume immediately in California after this week's historic federal ruling that the state's voter-approved ban on gay marriage is unconstitutional.

Schwarzenegger joins Attorney General Jerry Brown in filing a motion opposing an extension of Chief U.S. District Judge Walker's stay. Schwarzenegger and Brown were defendants in Proposition 8 lawsuit but refusing to defend the initiative in court

In court papers, the Republican governor and Democratic attorney general argued that Chief U.S. District Judge Vaughn Walker already established this week that gay and lesbian couples should have the legal right to marry in California. "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," the governor's lawyers wrote. "Doing so is consistent with California's long history of treating all people and their relationships with equal dignity and respect." Both the governor and Brown noted that about 18,000 same-sex couples are legally married in the state, having secured marriage licenses before Proposition 8 went into effect in November 2008, and there has not been "any resulting harm."

Anticipating defeat, attorneys defending Proposition 8 filed a preemptive motion asking Walker to stay his ruling. Prop 8's defenders also appealed Walker's decision to the Ninth U.S. Circuit Court of Appeals in San Francisco and asked for a stay.

Walker asked for written arguments on a stay by Friday and has not said when he will rule.

Schwarzeneger has twice vetoed bills to legalize same sex marriage, saying they contradicted the will of the people as expressed at the polls. And with that position now untenable, "[Schwazenegger] has now weighed and said, 'Enough,' " said Geoff Kors, executive director of Equality California. "Having the state say there's no reason to keep a stay, and urging the court to lift the stay, is incredibly powerful."

Read AG Browns motion AFTER THE JUMP ...

WATCH: Rachel Maddow Explains the Proposition 8 Decision

Rachel Maddow deconstructs Wednesday's landmark ruling by Chief U.S. District Judge Vaughn Walker. "It's delicious," says Maddow. "It's better than whatever novel you are currently reading right now. You should print it out and curl up with it instead, you will not be disappointed."

Via AMERICABlog, watch Maddow's delicious play-by-play of the decision WHEN YOU JUMP ...

READ: Judge Vaughn Walker's Decision Overturning Proposition 8

Prop 8 Ruling

U.S. District Judge Vaughn Walker's complete ruling in Perry v Schwarzenegger (pdf) is now on Scribd, read the decision.

Federal Judge Rules Proposition 8 Unconstitutional

In a landmark victory for equality and LGBT rights, Chief United States District Judge Vaughn Walker has overturned  Proposition 8, the voter-approved measure banning same-sex marriage in California. The judge ruled the law is unconstitutional (PDF) under the due-process and equal-protection clauses "because it denies ... fundamental rights without a legitimate reason."

Writing in the 138-page decision on Perry v Schwarzenegger, Judge Vaughn Walker concluded:

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."

And the remedies:

"Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings. Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8."

The final word from the federal judge first appointed by Ronald Reagan: "A private moral view that same sex couples are inferior to opposite-sex couples is not a proper basis for legislation."

The landmark case was brought by superstar attorneys Theodore B. Olson and David Boies, who were on opposite sides of the famous Bush v Gore. The case was filed last year on behalf of a gay male couple in Burbank and a lesbian Berkeley couple who were denied marriage licenses.

The ruling has already been appealed by the anti-gay side and will almost certainly be litigated to the Supreme Court. But today is a tremendous day for equality.

UPDATE: Walker has issued a stay, i.e. same-sex couples cannot get married right now.

Prop 8 Supporters Expect Defeat, File Preemptive Stay of Ruling

Anticipating defeat, overnight the Proposition 8 defense team filed a preemptive stay of Chief U.S. District Judge Vaughn Walker's ruling, reports the Mercury News.

"Lawyers for the Proposition 8 defense team asked Judge Walker for a stay of his ruling if the outcome is to declare the law unconstitutional. The motion indicates that the Proposition 8 lawyers will immediately ask the 9th U.S. Circuit Court of Appeals to review the ruling if Walker rules against them. 'A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California,' they wrote...Walker has already refused to allow same-sex couples to marry while the legal challenge is pending, finding that it would create too much uncertainty in the state. Legal experts do not believe same-sex marriages will be permitted immediately, even if the judge overturns Proposition 8, because of the lengthy appeals ahead."

The ruling is expected to be released between 1PM and 3PM Pacific.