CALIFORNIA: Attorney General Kamala Harris Demands Lift In Prop 8 Stay

California Attorney General Kamala Harris today filed a request with the Ninth Circuit Court of Appeals, demanding that they lift their stay on the overturn of Proposition 8 and immediately allow the resumption of same-sex marriages.

Attorney General Harris said it is unlikely that an appeal will succeed in overturning Judge Walker's ruling that Proposition 8 is unconstitutional. The appeal's likelihood of success has been substantially diminished, Attorney General Harris said, "both by the United States Attorney General's conclusion that classifications based on sexual orientation cannot survive constitutional scrutiny and by this Court's certification order to the California Supreme Court, which seriously questions the Court's jurisdiction to decide the merits of the case."

In addition, Attorney General Harris said, "there is no injury that the proponents of Proposition 8 will suffer if same-sex couples are permitted to enter into civil marriages in California." But as long as the stay on same-sex marriages remains in effect, Attorney General Harris said, the due process and equal protection rights of same-sex couples will continue to be violated, perpetuating unconstitutional discrimination and making a stay of Judge Walker's ruling legally inappropriate.

Former Gov. Arnold Schwarzenegger also filed a brief today with the same request.