California’s governor, Arnold Schwarzenegger, and attorney general have asked a US federal judge to allow gay couples to wed during the course of the appeal against his rejection of the state’s same-sex marriage ban.
Just one day after U.S. District Jude Vaughn Walker struck down the state’s ban on gay marriage, supporters of the ban announced that they intended to appeal to the ninth U.S. Circuit Court of Appeals
Supporters of the law argued that it should remain in place until it is heard by a high court and as a result Judge Walker ordered that the amendment blocking gay marriage remain whilst both sides of the case file papers with the court.
Since the decision to keep the ban in place last week, Arnold Schwarzenegger has asked Judge Walker to allow same-sex couples to wed until the outcome of the appeal.
“The public interest is best served by… restoring the right of same-sex couples to marry in California,” wrote a lawyer for Governor Schwarzenegger in a court filing on Friday, “Doing so is consistent with California’s long history of treating all people and their relationships with equal dignity and respect.”
A lawyer for the city of San Francisco said those supporting the ban had failed to show they would “suffer irreparable injury – or any injury at all” if lesbian, bisexual, gay and transgender people were allowed to marry right away.
US District Judge Vaughn Walker ruled on Wednesday that California’s marriage ban violated the guarantee of equal protection in the U.S. Constitution, however the ban was passed in a ballot referendum in 2008, by a vote of 52 per cent to 48 per cent.