Gay couples ask court to allow weddings immediately

SAN FRANCISCO

"I didn't expect it to be, 'OK, file something tonight by 11 p.m.' I thought it might be you have until tomorrow at evening or something like that," Stewart said.

The tight timeframe is the result of a date set by U.S. District Judge Vaughn Walker. Last week, he ruled Prop 8 unconstitutional. Then on Thursday, Walker lifted a stay allowing gay weddings to resume, but not until 5 p.m. Wednesday.

"The 9th Circuit, I think, wants to make a decision by the end of business Monday so that the parties will have Tuesday and possibly the early part of Wednesday to go the Supreme Court if they choose to do so," ABC7 legal analyst Dean Johnson said.

Opponents of same-sex marriage are hoping to have better luck with the high courts.

"I'm hoping that around the state you'll have county recorders that will refuse to issue same-sex marriage licenses because they as public servants should be representing the people they serve which did uphold Proposition 8," Prop 8 supporter Luke Otterstad said.

As for lawyers at the San Francisco city attorney's office, they spent hours crafting their brief. Among their main points -- resuming weddings in California is not going to hurt anyone.

"The opponents of same-sex marriage have not shown that allowing the court's order to take effect and therefore same-sex couples to marry is going to cause any terrible harm. How could they? We have 18,000 married couples in California and there has been no harm to anybody," Stewart said.

Briefs are filed electronically, so lawyers in support of same-sex marriage were working up until the final minutes before the 11 p.m. deadline.

Now that it has been filed, opponents of same-sex marriage have a chance to reply, and their deadline is Monday at 9 a.m.

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