Atty. Gen. Kamala Harris urges appeals court to permit same-sex marriage

California Atty. Gen. Kamala D. Harris urged a federal appeals court Tuesday to permit same-sex couples to marry during an appeal of last year's ruling that overturned Proposition 8, the 2008 ballot measure that banned gay marriage.

In arguments filed with the U.S. 9th Circuit Court of Appeals, Harris asked the court to lift a hold on a federal court order directing the state to permit gays to marry. U.S. District Judge Vaughn R. Walker, who served on the bench in San Francisco, ruled that the marriage ban violated constitutional rights to due process and equal protection.

Harris' argument follows a decision by the California Supreme Court to consider a question in the case that could put off a final resolution in the 9th Circuit for more than a year.

"For 846 days Proposition 8 has denied equality under law to gay and lesbian couples," Harris told the court. "Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law."

The federal appeals court recently asked the California Supreme Court to rule on whether the proponents of Proposition 8 have legal standing to defend the initiative in court when state officials refuse to do so. Last year, Attorney General Edmund G. Brown Jr. opposed imposition of the stay, pending appeal.

The state high court decided earlier this month to rule on the standing question. The court's answer probably will determine whether Proposition 8 is overturned on narrow, procedural grounds with limited impact or whether the case reaches the U.S. Supreme Court on constitutional questions that could affect same-sex marriage laws throughout the country.

Proposition 8 passed with a 52.3% vote six months after the California Supreme Court ruled that same-sex marriage was permitted under the state Constitution.

RELATED:

Prop. 8 opponents urge federal court to lift order preventing gays from marrying

California Supreme Court will decide key issue in same-sex-marriage legal fight

-- Maura Dolan

Photo: Kamala Harris speaks Tuesday in Anaheim. Credit: Don Bartletti / Los Angeles Times

Comments

[Bill Caloia]

This female is a disaster for California. Nothing good will result from her tenure. She can only serve as a good example of what happens when you elect Liberals.

[DangerMouse]

Thanks Kamala, since there's really nothing important going on. How about
FIFO - First In First Out?

We're still waiting for a reall AG to defend Prop 187.....

[SC Guy]

Kamala Harris is a far-far left wing liberal. She's even to the left of Jerry Brown and that's just sad. Keeping gay marriage banned in California is going to be difficult but not impossible. Keep up the fight!

[Bill]

The time is now for America to fulfill its guarantee to every tax-paying, law-abiding citizen.

Good on ya, Kamala!

[Frank Cipriano]

I do believe that the peoples' voice has been heard. Or doesn't it matter anymore whether we show up on election day and cast our ballots? If the small minority of degenerates want to push their agenda on the rest of us traditionalists then let them get their own propositions on the ballot and see how bad they will be defeated. Cretins.

[THINK123]

Just couldn't wait could she!!! This AG will bring down the state..one step at a time. Glad I didn't vote for her.

[Jim]

The notion that Judge Walker's ruling is stayed is ridiculous. The claim that it could cause a confused situation if the ruling is reversed is patently absurd considering the thousands of SS marriages already in existence.

[steve rodriguez]

Shut-up Kamala Harris!

[Charles]

In my opinion: Any attorney general is duty bound not to pick and choose which law passed and or vote by the MAJORITY to enforce and defend it; for such to take the opposite side in court is the same as the defends attorney in a murder trial working to convict and for maximum sentence which would be worst than the person having no attorney and would make the hear a mockery for justice. That she still has her legal job said everything about the state.

[Peter Gordon]

I had a suspicion that our new Attorney General would not represent the majority of the people of the state of California. Since she won by a majority of the vote, shouldn't she be representing the same majority that passed proposition 8? If a majority is right in one instance, why not in the other instance?

[Dee]

"For 846 days Proposition 8 has denied equality under law to gay and lesbian couples," As if gay and lesbian couples have been getting married throughout history.

[Pete D]

Good news. There are more and more cracks in the anti-gay, bigoted crusade to stop long-term, loving couples from getting married. Those of us who support freedom and equality are winning, and we are going to win completely.

[John M]

Keep government out of the bedroom and let gays marry. Why should they be any less miserable than the rest of us?

[Mark]

Bill, if she's a good example of what happens when you elect liberals, then I'll continue to vote for liberals. Thanks for the tip!

[Brian]

Congratulaion and thank you A.G. Harris for standing up for ALL of us. We all deserve equality. Bill Caloia, move!!!

[AngelsDucksFan]

@Bill
Here unwillingness to defend Prop. 8 is one good thing that will come from her tenure . . .

[Gomer]

So this attorney general is elected by the people, but will not defend prop 8, which is passed by the people.

she willfully ignores her sworn duty as the defender of the constitution and the people of california

i guess she knows best.

[John De Salvio]

Hey, Bill Caloia, I got really bad news for you.

Jesus was a Liberal.

[Big Bad Bruce]

The citizens spoke TWICE on this and the State still refuses to listen!

[thetruth3]

The people aready voted against it....So please kamala harris shut up now....

[Chris]

What a wonderful woman. She's been a great Attorney General and clearly shows she is a courageous leader who is not afraid to take a stand for what's right. In the wake of all the Republican sex scandals, it's nice to see her fight for couples who actually know what it means to want to make a lifelong commitment.

[Jake Orlando]

THAT'S why I voted for her. That's what we're all about in California: equality. We expect nothing less from our electeds. Good job, AG Harris, keep up the great work.

[Ricardo D]

Wow a man marries a man and a woman marries a woman...And god strikes down upon those unions....I am still waiting legalize gay marriage and let those religious idiots burn in hell for being ignorant because god is about tolerance love and understanding that DNA dictates our sexuality and nothing is wrong with people being homosexual marrying another homosexual adult.

Good move Kamala!!!

[Josh]

Ah, yes, those damn liberals, trying to improve society.

[Drew]

Bill Caloia,

Why, praytell, do you choose to lead off by saying "This female...?" My guess is you're as discriminatory toward women as you apparently are toward gays.

"This woman" was fairly and rightly elected by your fellow California citizens. Perhaps if that doesn't suit you, might I recommend a one-way ticket to Libya, Bahrain, or another country whose zealotical leaders govern with the same narrow-mindness as you clearly display here.

Please do us all a favor. Spend 30 minutes, find the rock you crawled out from deep in the deserts of Imperial County, and return there on quick order.

Kind Regards,
The Intelligent Citizens of California