FILE - In this May 22, 2012 file photo, Gov. Jerry Brown discusses his proposed tax initiative, Proposition 30, during his appearance at the 87th Annual Sacramento Host Breakfast in Sacramento, Calif. (AP Photo/Rich Pedroncelli, File)
Gov. Jerry Brown, state Attorney General Kamala Harris, San Francisco City Attorney Dennis Herrera and lawyers for two couples who challenged Proposition 8 all say they believe same-sex marriage will resume statewide in California in the wake of today's U.S. Supreme Court ruling.
Brown announced he has advised state officials that a federal trial court injunction requiring them to license and register gay and lesbian marriages will apply throughout the state.
In a letter released Wednesday morning, Brown directed the California Department of Public Health to instruct all county registrars and recorders to allow same-sex marriages as soon as the 9th U.S. Circuit Court of Appeals lifts a stay that had kept Proposition 8 in effect.
"The effect of today's U.S. Supreme Court ruling is that the 2010 federal district court's decision that Proposition 8 is unconstitutional is left intact and the law cannot be enforced," Brown said in a statement.
Harris said at a news conference that she plans to ask the 9th Circuit to lift the stay quickly -- even before the Supreme Court ruling becomes final, which is expected in about one month.
Harris previously sent Brown a letter on June 3 stating that she had concluded that an injunction issued by U.S. District Judge Vaughn Walker in 2010 and his finding that Proposition 8 was unconstitutional apply statewide.
"I am absolutely certain that our analysis is correct," Harris said Wednesday. Each of the 58 counties of California has to follow the rulings of Judge Vaughn Walker."
The attorney general said that, in what she called the unlikely event that a county does not abide by the injunction, "We will take legal action."
David Boies, a lawyer for two couples who challenged Proposition 8 in a federal civil rights lawsuit, maintained, "It is absolutely clear" that same-sex marriage can resume statewide.
"Proposition 8 is dead, it's dead all across California," Boies said.
Boies said, "If some renegade clerk in some isolated county does something, there will be a quick remedy."
San Francisco City Attorney Dennis Herrera agreed that the injunction applies statewide. He said he expects same-sex weddings to resume within a month, after the Supreme Court ruling dismissing the appeal by Proposition 8 sponsors becomes final.
Herrera said, "My office is prepared to litigate immediately against any effort to limit or delay the restoration of marriage equality for all Californians."
The initiative's sponsors, however, have said in court filings that they believe the injunction applies only to the two couples who challenged Proposition 8, and said today they intend to keep fighting to enforce the measure.
Andy Pugno, a lawyer for Protect Marriage, the sponsors' campaign committee, said, "While it is unfortunate that the (Supreme) Court's ruling does not directly resolve questions about the scope of the trial court's order against Prop 8, we will continue to defend Prop 8 and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable."
In Wednesday's decision, the high court ruled 5-4 that the sponsors of Proposition 8 had no legal authority to appeal Walker's decision after Brown and Harris, the official defendants in the case, declined to do so.
Watchdogs are questioning an exclusive agreement between the City of Oakland and a non-profit group, tapped to lead a multi-million dollar project to redevelop the area around the Coliseum BART station.