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Ban on same-sex marriages in California lifted Gay marriages resume in California after Proposition 8 ban is lifted
(about 2 hours later)
An appeals court has cleared the way for California to immediately resume issuing marriage licences to same-sex couples for the first time since 2008, and the couple whose case led to a historic supreme court decision this week were already waiting in line. Same-sex marriages resumed with a flurry in California on Friday when a panel of federal judges, acting in the wake of a historic supreme court ruling, cleared the legal barriers that had been in place since the Proposition 8 ballot measure passed in 2008.
"On my way to SF City Hall. Let the wedding bells ring," the state's attorney general, Kamala Harris, tweeted after the 9th US circuit court of appeals issued its order. Harris, the state's top lawyer, was set to officiate at the wedding of the two lead plaintiffs in the case that returned same-sex marriage to the country's most populous state. Two of the plaintiffs who brought the challenge to Prop 8 were the first to be married at city hall in San Francisco, after the ninth circuit court of appeals issued its order. The court had earlier said that it would wait 25 days before lifting the ban, the usual period for a supreme court ruling to take effect.
The appeals court issued a brief order on Friday saying it had dissolved a stay it imposed on same-sex marriages while the lawsuit challenging the state's voter-approved ban on such unions worked its way through the courts. Kris Perry and Sandy Stier, of Berkeley, one of two couples who had sued to overturn the ban, were married in a ceremony officiated by Kamala Harris, the state attorney general. Jeff Katami and Paul Zarrillo, of Burbank, were due to get married later on Friday at city hall in Los Angeles.
The supreme court ruled on Wednesday that the sponsors of California's voter-approved gay marriage ban lacked authority to defend it in court once Harris and Governor Jerry Brown refused to do so. That lets stand a trial judge's declaration that the ban violates the civil rights of gay Californians. Harris declared Perry, 48, and Stier, 50, "spouses for life," but during their vows, they took each other as "lawfully wedded wife". One of their twin sons served as ring-bearer.
San Francisco city officials were preparing to let couples marry right away, said Matt Dorsey, a spokesman for city attorney Dennis Herrera. Although the couple have fought for the right to marry for years, their wedding came together in a hurry when a three-judge panel of the ninth circuit court of appeals issued a brief order Friday afternoon dissolving, "effective immediately," a stay it imposed on gay marriages while the lawsuit challenging the ban advanced through the courts.
Just minutes after the appeals court issued its order, the two lead plaintiffs in the case were standing in line at San Francisco City Hall to get a marriage licence. They planned to wed at 4.15pm, according to the American Foundation for Equal Rights, which brought the lawsuit. Sponsors of California's same-sex marriage ban called the appeals court's swift action "outrageous."
Under supreme court rules, the losing side in a legal dispute has 25 days to ask the high court to rehear the case. The court said earlier this week that it would not finalise its ruling in the dispute until after that time had elapsed. "The resumption of same-sex marriage this day has been obtained by illegitimate means. If our opponents rejoice in achieving their goal in a dishonorable fashion, they should be ashamed," said Andy Pugno, general counsel for a coalition of religious conservative groups that sponsored Proposition 8.
It was not immediately clear whether the appeals court's action would be halted by the high court. "It remains to be seen whether the fight can go on, but either way, it is a disgraceful day for California," Pugno said.
The supreme court ruled 5-4 Wednesday that Proposition 8's sponsors lacked authority to defend the measure in court once Harris and Governor Jerry Brown, both Democrats, refused to do so.
The decision lets stand a trial judge's declaration that the ban, approved by voters in November 2008, violates the civil rights of gay Californians and cannot be enforced.
Under supreme court rules, the losing side in a legal dispute has 25 days to ask for a rehearing of the case. The court said earlier this week that it would not finalise its ruling in the Proposition 8 case until after that time had elapsed.
It was not immediately clear whether the supreme court would halt the appeals court's action, but Brown directed California counties to start performing same-sex marriages immediately in the wake of it.
A memo from the Department of Public Health said "same-sex marriage is again legal in California" and ordered county clerks to resume issuing marriage licenses to gay couples.
Given that word did not come down from the appeals court until mid-afternoon, most counties were not prepared to stay open late to accommodate potential crowds. The clerks in a few counties announced that they would stay open a few hours later Friday.
A jubilant San Francisco mayor Ed Lee announced that same-sex couples would be able to marry all weekend in his city, which is hosting its annual gay pride celebration this weekend.
Associated Press in San Francisco contributed to this report
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