U.S. District Judge Vaughn Walker said Thursday
that California officials could begin issuing licenses to gay men and
lesbians beginning Wednesday, in an order flowing from his decision last
week striking down a state ban on same-sex marriages.Walker's order gives opponents of gay marriage six days to appeal and win further postponement of his decision that same-sex couples have a constitutional right to wed.
Referring to the 2008 state measure that banned gay marriage, Walker wrote, "Proposition 8 inflicts harm on gays and lesbians in California." He said any significant delay in his Aug. 4 ruling taking effect would "serve only to delay (same-sex couples) access to the remedy to which they have shown they are entitled." The case involves civil, not religious, marriages.
In the momentous decision reverberating nationwide, Walker said the voter-approved Proposition 8 violates the U.S. Constitution's guarantee of equality and due process under law.
California Gov. Arnold Schwarzenegger, a Republican, had argued the judgment should take effect immediately, rather than waiting for appeals.
"Doing so is consistent with California's long history of treating all people and their relationships with equal dignity and respect," his filing said.
Source: USA Today | Joan Biskupic and Elizabeth Weise
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