OAKLAND, Calif. (KCBS)_ The federal judge who rejected California’s ban on same-sex marriage is now weighing legal briefs from both sides on whether to hold off on implementing his decision while the case is appealed.

Meanwhile, Attorney General Jerry Brown is in Oakland urging the court to allow for the immediate resumption of gay and lesbian weddings.

The Attorney General says Judge Vaughn Walker made an historic decision and that its full effects should be felt immediately.

“Since the court has said that same-sex couples have this fundamental right, that why delay for a year or two while it goes to the appellate courts,” Brown said rhetorically.

Governor Arnold Schwarzenegger has also filed a motion against a stay as has San Francisco Attorney Dennis Herrera.

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But supporters of Proposition 8, including Protect Marriage, argue a stay is necessary so as to avoid the uncertainty that could result if same-sex marriages are allowed and then the case is overturned on appeal.

Austin Nimocks, Senior Legal Counsel for the conservative Christian non-profit Alliance Defense Fund, warned of undoing Prop. 8.

“When you make a decision that has that significant of an impact, and there’s the potential for it to be reversed, which there is; you obviously don’t want to undo something that maybe shouldn’t be undone,” said Nimocks.

On Wednesday, Judge Walker issued a temporary stay along with his 136-page decision striking down Prop. 8.

 There’s no word yet on when the judge will rule whether to allow the immediate resumption of same-sex weddings.


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