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

164284.ME.0302.brown.6.DPB 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 () | Archives (62)

Nothing good Bill? What does my being able to marry my boyfriend make anything good or bad for you? I'm a Californian like you, I pay my taxes like you, I'm a parent, and a professional, and deserve the right to marry the person I love.

You GO Kamala! And Bill, last time I checked, California is a BLUE state (with red 'pox' scattered in the Orange curtain and desolate desers).

She is a rabid leftist liberal who will advocate for leftist ideals instead of enforcing the Laws of the Land.
Yes on 8!

Bill Caloia your comments make no sense except to underscore an opinion of misogyny and a fear of change.

"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"

Don't you guys get it? Kama Harris is from San Francisco! A federal judge just ordered Greg Anderson, Barry Bonds' former trainer, jailed later this month unless he changes his mind about testifying against Bonds. Kamala Harris wants to pave the way for Anderson and Bonds to marry, then Anderson can't be forced to testify against his spouse. Baseball fans are crazy like that.

My thanks to Los Angeles for helping put Kamala Harris in office as our new Attorney General. Thanks to Kamala Harris for pushing to do away with discriminatory laws that target people only because of who they are.

Whether its gays serving in the military or allowing same sex couples to get married, it's time we did away with all these outdated anti-homosexual laws and attitudes. All law-abiding citizens should be afforded the same rights free of discrimination whether it is based on their orientation, their race, their religion, their sex, age or physical disability.

Time for all of us to move forward folks, learn to focus on your own lives, not others, and leave the past behind us...

Kamala Harris is a breath of fresh air. We are very fortunate to have such a forward thinking and intelligent leader. And she happens to be a woman, its about time we have an equal voice.

She will do to california what she did for SFO. She sure has her priorities wrong. thank you, Kamala, for not learning anything from your SFO stint.

Do the people of California have the right to say what marriage is? That it has to do with the welfare and security of children, and children have a right to be raised by their mom and their dad?
Homosexual "rights" advocates say no, no and no. The majority of Californians say yes, yes and yes.
Impeach Brown and Harris.

Of course the FASCISTS are upset, they aren't getting THEIR way!

Well, the issue of honoring civil rights aside, it's a wise political move for her to try getting the ban recalled because most Americans are for Marriage Equality now...even many among the Catholic and Mormon (despite how their church leaders tell them to vote).

Bravo Kamala!!!

finally...someone who will end the discrimination......all equal under the law.

Based on her past record I don't expect her to do much in regards to violent criminals.

You're right Mr. Caloia. Ms. Harris clearly has no moral or ethical grounds for urging the overturning of Prop 8. Let's continue to allow the Mormon church to maintain its religious non-profit protections while actively promoting a political cause based on discrimination and hate. Let's let ordinary voters decide who has what rights in this country, whether they're constitutional or not. Let's maintain the legal discrimination for every group of humans that doesn't fit your narrow definition of normal.

The only argument one can make for heterosexual-only marriages is based on religious morality. Don't forget that morality without religion is called Humanism and is practiced by millions upon millions of people. Hatred cannot truly exist with logic; most religions in the world are devoid of logic.

Kamala there are domestic partnership laws on the books right now. Are you going to trash those and create your own? You and Jerry want us to only vote laws you want to enforce. Where is the real voice of the people?

Thank you Ms. Harris, fantastic job. We have been together for over 27 years and still waiting for this issue to finally be decided.
The hate has been intense, but our love is strong, that is what really matters!
They, the bullies, will never stop calling people names, they want to be mean and hateful, ugly and bitter, to feed their power trip through money and control, putting others down so they can seem to stand taller. we have met so many bullies, but understand they may stop being bullies, stop the name calling, and just find some love.

Why so little love in California?

Harris is trying to do what Newsom did when his office allowed gay marriage in San Francisco. He thought that if there were enough gay marriages, there would be more pressure on the courts to legalize it.

Harris is supposed to be a neutral law enforcement official. Instead of waiting for the courts, she is trying to put more pressure on them. It would be bad if more gays were allowed to be married only to find the US Supreme Court overturn gay marriage.

The issue should be resolved one way or another instead of leaving people in a legal limbo.

Why are Republicans scared of everything. They're scared of gays. They're scared of Mexicans. They're scared of Blacks. The GOP is biggest group of wimps in American history.

Kamala Harris is a trailblazer for equality. Keeping bigotry from being forever enshrined in the California constitution is a worthwhile battle that will be won. Keep up the fight!

I think the 9th will allow same sex marriage to resume. Justice delayed isr justice u denied.

The beginning of the end for those with honest values. And a Kamala shall lead the state to its end.

Wonderful news! The march for equality continues.

Right, "keep up the fight," because obviously we've got no bigger problems than what the government calls a marriage. Let's waste time and money on THAT! Besides, who says liberals should have all the fun in dictating pollitically-correct terminology?

You can't say marriage, that's OUR word!

Kamala Harris is one of the best things to happen to California in a long, long time. I'm thrilled that she's not afraid to fight for the rights of ALL our state's citizens.

No doubt the Regressive Goon Squad will be here babbling about "communism" and "god's word" and "will of the majority" with shrill voices and flat heads, but seriously... if you are against gay marriage, then don't "turn gay" and get married to someone like you. It's your choice, 'eh?

If you think gay marriage will demean and destroy "traditional marriage" (whatever that is) please convince us that 2% of the adult population gaining their constitutionally granted civil rights, and choosing to marry each other, is a *really big threat* to anything. Game on!

You see, what this argument does very well is reveal how big religion and big bigotry conspire to retard social change, refute medical science, and perpetuate ignorance. No doubt about it, time is NOT on their side...

 
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