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.