State Attorney General Jerry Brown on Monday urged the California Supreme Court to review legal challenges to Proposition 8, but declined to express an opinion on the gay marriage ban measure approved by voters.
In a written responses to lawsuits seeking to overturn the initiative, Brown's office said the state's highest court should allow the measure to remain in effect during the review period because doing otherwise would cause confusion.
"A stay would change the status quo, allowing marriages that might later be invalidated, and would engender uncertainty about the legal status of same-sex marriages in California," the attorney general's office said.
Brown's office, which was asked last week by the court to weigh in on the lawsuits, called on the justices "to provide certainty and finality in this matter."
The Democratic attorney general said earlier this month that his office would defend the "will of the people" in the Nov. 4 election.
At the same time, he said he would defend marriages contracted after the state Supreme Court voted 4 to 3 on May 15 that a state law against same-sex marriage was unconstitutional.
As a constitutional amendment, Proposition 8 overrode the court's ruling, but Brown said same-sex marriages performed before the election were not only lawful "but a fundamental constitutional right" because the measure did not state it was retroactive.
Opponents of the measure contend the initiative process was improperly used because they say only the Legislature can place a measure before voters that radically revises the state constitution.
They also maintain that Proposition 8 would undo the constitution's commitment to equality for everyone.
The court may act on the lawsuits as early Wednesday, when the justices hold their weekly conferences.
Supporters of the measure, which defines a legal marriage as between a man and a woman, filed court papers Monday urging the court to render a decision as quickly as possible.
"The people of California are entitled to prompt resolution of whether Proposition 8 properly amended their constitution," Andrew Pugno, an attorney for the Yes on 8 campaign, said in a statement.
Supporters expressed confidence that the court would uphold Proposition 8. But in their court papers, they noted that Brown opposed Proposition 8 and charged he cannot be counted on to defend the measure.
They also noted that Republican Gov. Arnold Schwarzenegger opposed the measure, as did Democratic members of the Legislature.
"Whatever one's view of the wisdom of Proposition 8, the people of California have spoken and their will should be respected," supporters said in their court papers.
Call Aurelio Rojas, Bee Capitol Bureau, (916) 326-5545.
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