Same-Sex Couples Are Ready to Marry in California. Will They Be Allowed?

Get ready to start biting your fingernails again, or chomping on some Tums to quell the anxiety. Because sometime today, between 12noon and 3:00PM EST, Judge Vaughn Walker in California will rule on whether same-sex couples can start marrying in the state.

The decision today stems from the ruling last week by Walker which declared Proposition 8 unconstitutional. In that ruling, Judge Walker said that there was "no rational basis" for a law like Proposition 8, and that California should not be in the business of giving heterosexual couples access to one institution, while denying it from same-sex couples. Walker's ruling was poetry to millions, articulating the devastating impacts of marriage bans like Proposition 8 all across the United States.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples," Walker ruled. "Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."

With those words, Walker set in motion one immediate question: does that mean that same-sex couples can start tying the knot again now, or will this eloquent ruling be placed on hold while the appeals process runs its course? And that's the question Walker is going to answer today, sometime between the closing moments of The View, and the start of the Rick Sanchez show (at least if you're on the East Coast). If you listen to many within California, from leaders in West Hollywood to Governor Arnold Schwarzenegger to Attorney General Jerry Brown to the voices of same-sex couples themselves, people are ready to put Proposition 8 behind them, and start celebrating another summer of love.

As Cristian Asher wrote last week, Gov. Arnold Schwarzenegger took a rather bold and unprompted step in issuing an official brief to Judge Walker urging him to allow gay couples the right to start marrying now. For Schwarzenegger, who hasn't always had a rosy view of the issue of marriage equality, there's no reason to continue to keep same-sex couples from the institution of marriage.

"The Administration believes the public interest is best served by permitting the Court's judgment to go into effect, thereby restoring the right of same-sex couples to marry in California," the Governor's office wrote in the brief. "Doing so is consistent with California's long history of treating all people and their relationships with equal dignity and respect."

Schwarzenegger isn't along. California's current Attorney General (and 2010 Democratic nominee for Governor) Jerry Brown issued a brief saying basically the same thing. And as Karen Ocamb at LGBT POV noted earlier this week, the city of West Hollywood announced that they're chomping at the bit to start recognizing same-sex marriages again.

"As soon as the federal judge lifts the stay, Weho is ready for the sequel ‘Summer of Love II.’  We will marry as many happy couples as we can until another judge tells us we can’t.  Like drops of water becoming a mighty torrent…..” West Hollywood Mayor Pro Tem John Duran said.

That analogy to a "mighty torrent" might be pretty apt. Because a number of same-sex couples are saying that if Judge Walker decides to lift the stay on his original ruling, they'll be ready to show the world that they're love is real, wonderful ... and equal.

Marriage Equality USA has released a number of statements they've received from gay and lesbian couples hoping to wed if the stay is lifted. Talk about heart-warming.

"I proposed to Jennifer on August 4th when I found out that Prop 8 got overturned.  We are so excited about the opportunity to get married," said Nathalie Jimenez, who hopes to marry her partner Jennifer De Voe.

"Sara and I are ready to get married.  We filed an electronic marriage application when we heard about Prop 8 being overturned.  We made an appointment to marry on Thursday, but then heard about the stay.  So we made an appointment for each day this week and really hope the stay will be lifted," said Marlene Shire-Anderson, who hopes to marry her partner Sara Fried.

""We will head straight to City Hall the second the stay is lifted, but it is also really important for us to have a ceremony at our church afterwards.  We hoped the stay might have been lifted last weekend and my entire retail store where I work was ready to shut down and go with us," said Teresa Rowe and Kristen Orbin.

Talk about building momentum. Keep your fingers and toes crossed, and in a few hours, perhaps we'll get to have a second victory drink, and start celebrating love.

Photo credit: Alex Davidson (used with permission)