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

[Ruben Dario]

What Kamala Harris should also do is halt any opposition or stays of execution by the California judicial system.

[Randy]

I support her!

[Melissa]

Thank you, Atty. Gen Harris, for doing your job! Sure, there are many issues Californian's are dealing with, but this is one issue we shouldn't have to deal with anymore. Let's get past this ridiculous hate-filled and illegal ban, and move on to other important things! Bravo!

[Lc48b1]

Harris already coming off as a joke. Nothing will get done in California because you people elected joke politicians with nothing else on their minds other than same sex marriage. I'm sure the joke politicians are being rewarded handsomely for their efforts.

[trineb2002]

Another AG that fights for the rights of ALL of the citizens of CA! Thank you Attorney General Harris! I'm even happier that I voted for you.

To the other commenters, the reality is, your position against gay marriage is tenuous at best. You do not have a clear legal argument to prove that Prop 8 is constitutional. PS, tradition and religion are not legal arguments.

[Hmm]

Besides some wildly ambiguous religious response, I still haven't heard a good explanation of why it should be banned?? I'm married and see absolutely no threat to the "sanctity" of my marriage.. California will eventually do the right thing!

[whocouldshebe]

Marriage is a cultural & religious institution.

Separation of Church and State! Discrimination is illegal!

You cannot make laws about religion or against cultures in the USA.

The answer is very clear and very simple.

[warren j smith]

i thought you stand for the will of the people
Proposition 8 passed with a 52.3%

[warren j smith]

im done

[derek]

I don't like the idea of elected officials not defending laws the voters passed because they don't agree with them.

Although I don't agree with prop 8, the proponents deserve to have someone represent their view point in court. If its not the state (which should, as it is a state law), than the individuals should be allowed to do it.

I think this should be the case with any proposition passed by voters.

[Matt]

Just thought I would point out that both Jerry Brown and Kamala Harris were elected in November--after they made public their stands on defending Prop 8 (i.e. that they would refuse to do so).

Maybe the "will of the people" is shifting toward embracing equal rights for every Californian, and away from anti-gay hysteria.

[Nilab]

It's funny that people should put "sanctity of marriage" as a reason why gay marriage should not be allowed... The divorce rate is upwards of 50%. If gays can't get married, then people shouldn't be allowed to get divorced. It would destroy the "sanctity of marriage".

What I don't understand is why 52.8% of Californians are allowed to tell the other 47.2% who they can and can't sleep with. It's called the "tyranny of the majority". Jim Crow laws were once passed by a clear majority of people. Should they have been allowed to stay as well?

An Attorney General who's not seeing RED.