Calif AG, Gov Oppose Suspending Gay Marriage Ban

By LISA LEFF, Associated Press Writer

California Attorney General Jerry Brown and Gov. Arnold Schwarzenegger are opposing an effort to lift the state's ban on same-sex marriage while a lawsuit challenging Proposition 8 makes it way through the federal courts.

Brown and a private lawyer for Schwarzenegger wrote in papers filed in U.S. District Court in San Francisco late Thursday that allowing same-sex couples to resume marrying now would create too much uncertainty.

Suspending the ban "would not serve the public interest because it would create significant uncertainty for many persons concerning a relationship in which certainty is of the utmost importance," Brown said. "At this stage of the litigation, these concerns must override the countervailing arguments presented by plaintiffs."

But the attorney general, in a follow-up brief filed Friday evening said he supports the aims of the lawsuit. Brown said he agrees that Proposition 8 "imposed a special disability on gays and lesbians and their families on the basis of sexual orientation," violating the U.S. Constitution's promise of equal protection and due process.

"Taking from same-sex couples the right to civil marriage that they had previously possessed under California's Constitution cannot be squared with guarantees of the Fourteenth Amendment," Brown said. "Accordingly, the Attorney General answers the Complaint consistent with his duty to uphold the United States Constitution."

Read the entire article in the San Francisco Chronicle.

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