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Attorneys general call for delay on same-sex ruling

The attorneys general of 10 states have joined conservative legal groups in urging the California Supreme Court to delay finalizing its ruling to legalize same-sex marriages.

In a friend-of-the-court brief filed late on Thursday, the attorneys general said they have an interest in the case because they would have to determine whether their states should recognize the marriages of gay residents who got married in California.

The states involved are Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah. Except for Florida and New Hampshire, all of them have state constitutional provisions banning gay marriage.

The attorneys general asked the California high court to stay its May 15 ruling until after the November election, when California’s voters likely will decide whether to adopt a similar amendment, which would overturn the court’s decision. The court’s decisions normally take effect after 30 days.

What happens in California is being watched carefully elsewhere because unlike Massachusetts, the only US state where same-sex couples can now marry, California does not have a residency requirement for obtaining a marriage license.

“We reasonably believe an inevitable result of such ‘marriage tourism’ will be a steep increase in litigation of the recognition issue in our courts,” Utah Attorney General Mark Shurtleff wrote in the brief submitted on behalf of the 10 states.

New York Governor David Paterson, meanwhile, has indicated that the state plans to recognize same-sex marriages from other jurisdictions, meaning New Yorkers who get married in California would be entitled to spousal support, and other marriage rights at home.
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