14 Aug 2010

Same-sex marriages in California to resume

6:20 am on 14 August 2010

A judge in California has ruled that same-sex marriages can resume from next Wednesday, 18 August.

The decision follows a ruling last week that the state's ban on gay and lesbian marriages was unconstitutional.

Judge Vaughn Walker overturned the ban, known as Proposition 8, last week. Proponents had asked for a stay pending their appeal against his ruling.

However, Governor Arnold Schwarzenegger and California Attorney General Jerry Brown earlier called for gay weddings to resume.

Proposition 8 was passed by voters in the state in 2008.

Judge Walker overturned the measure in a 136-page decision, saying it unconstitutionally discriminated against same-sex couples who sought to wed.

On Thursday he ruled: Defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8 on 18 August at 1700 local time (0000 GMT).

The BBC reports Judge Walker also found ban proponents have little chance to succeed on appeal, in part because the state of California has not indicated it will join the appeal and proponents of the ban would have to argue they have their own standing to pursue one.

In addition, he said the proponents failed to show they would be irreparably injured if same-sex marriages are allowed to take place pending appeal.