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Atty. Gen. Jerry Brown urges judge to allow same-sex marriages to resume while opponents wait on appeal

August 6, 2010 |  3:34 pm

California Atty. Gen. Jerry Brown urged a federal judge Friday to permit same-sex marriages to resume in the state immediately.

Brown told U.S. District Chief Judge Vaughn R. Walker that his historic ruling that overturned Proposition 8 probably will be upheld by higher courts. He said his office last year opposed a pretrial request to block Proposition 8 only because the legal and factual issues had not then been explored.

"That has now occurred," Brown's office said. "And while there is still the potential for limited administrative burdens should future marriages of same-sex couples be later declared invalid, these potential burdens are outweighed by this court’s conclusion, based on the overwhelming evidence, that Proposition 8 is unconstitutional."

Gov. Arnold Schwarzenegger is also expected to oppose a hold on the ruling.

Walker has said he will decide whether to extend a hold on his ruling after reviewing written arguments presented Friday.

--Maura Dolan in San Francisco