Delay gay marriage, California court urged

Traditional values groups will ask the California Supreme Court to stay its landmark decision legalizing gay marriage until the voters can weigh in in November, warning of a “chaotic” situation if it is implemented sooner.

The high court’s ruling yesterday doesn’t take effect for at least 30 days, said Andrew Pugno, campaign director for Protectmarriage.com, a coalition of groups sponsoring a ballot measure on marriage.

“We are going to go to the court within the next two weeks and bring to the court’s attention that the marriage amendment that would in essence overrule the court … is going be on the November ballot,” he said. The coalition will ask the high court to stay its decision until after the November vote.

Otherwise, “it would be very chaotic and to no one’s benefit to redefine marriage for only four months, or over the summertime,” said Mr. Pugno, who is a lawyer. “They would be better off to just let it go to a vote of the people.”

Mr. Pugno said his group will prepare its request carefully because “stays are not common.”

The marriage amendment will be on the ballot regardless, he said. If it passes, the words of the voter-approved Proposition 22 — “Only the marriage between a man and a woman is valid or recognized in California” — will be added to the state constitution, even though the high court yesterday declared those same words unconstitutional.

Adding the Proposition 22 marriage definition to the state constitution would overrule the court, because its decision was based on the current constitution, Mr. Pugno added.

“The only thing that can derail an amendment to the state constitution is a federal claim … and there’s none of that in this case,” he said.

Gay rights groups, which were elated with the 4-3 court ruling, have pledged to defeat the amendment.

“The California secretary of state has not yet determined if this discriminatory amendment has qualified for the November ballot,” a coalition that includes Lambda Legal and the American Civil Liberties Union said in a joint press release.

Geoffrey Kors, executive director of Equality California, said in the statement that the groups “are confident that Californians will respect the court’s ruling for fairness and opportunity and affirm that lesbian and gay Californians deserve full equality under the law.”

California Gov. Arnold Schwarzenegger supports their position.

“I respect the court’s decision, and as governor, I will uphold its ruling,” said Mr. Schwarzenegger, a Republican. “Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”

State officials are moving to accommodate the court’s ruling.

The Judicial Council of California yesterday advised state officials to prepare to handle marriage licenses for same-sex couples.

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