Guam has become the first US territory to recognize gay marriage after a federal judge struck down the prohibition.
US District Court Chief Judge Frances Tydingco-Gatewood issued the decision after a hearing yesterday morning.
It goes into effect at 8am on Tuesday, when gay couples can begin applying for marriage licenses, the Pacific Daily News reported.
Attorneys representing the government said in a May 18 court document that “should a court strike current Guam law, they would respect and follow such a decision.”
Loretta Pangelinan and Kathleen Aguero filed the lawsuit in April after the 28-year-old women were denied a marriage license.
They based their lawsuit on a 9th US Circuit Court of Appeals decision last year in favor of same-sex marriage.
The US District Court of Guam falls under the 9th Circuit.
Attorneys for the plaintiffs had argued the territory must fall in line with the 9th Circuit decision and accept marriage license applications unless the US Supreme Court rules otherwise.
The Supreme Court is expected to rule this month whether gay marriage is a constitutional right.
Currently, gay couples can marry in 36 states, the District of Columbia and now Guam.
Lawyers for Guam Governor Eddie Calvo and the Office of Vital Statistics registrar said making a decision when a ruling from the high court is imminent is impractical.
Guam Attorney General Elizabeth Barrett-Anderson appointed an attorney to represent Calvo because they did not agree on the lawsuit — she was in favor of issuing licenses.
Calvo has said the island’s same-sex marriage law is “being challenged by federal judges that were nominated by a US president and confirmed by a US Senate, none of whom were elected through a process that included the people of Guam.”
Guam residents are US citizens, but they do not have the right to cast ballots for the US president.
The territory elects a delegate to the US House of Representative, but the delegate may not vote on legislation.
Guam has no representation in the US Senate.
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