San Francisco Chronicle

Jill Tucker

Gov. Arnold Schwarzenegger called today for the immediate restoration of same-sex marriage in California, urging the federal judge who overturned Proposition 8 to impose his ruling while the case moves through the higher courts.

Allowing gay and lesbian couples to marry "is consistent with California's long history of treating all people and their relationships with equal dignity and respect," said a legal brief written on behalf of Schwarzenegger.

Schwarzenegger was a named defendant in a lawsuit brought by two same-sex couples and the city of San Francisco that prompted a nonjury federal trial on Proposition 8. However, he remained neutral during the trial.

Chief U.S. District Judge Vaughn Walker ruled Wednesday that the November 2008 ballot measure, defining marriage as between a man and a woman, is unconstitutional because it discriminates on the basis of sexual orientation.

Attorney General Jerry Brown, who is running for governor, also filed arguments Friday against extending a stay of Walker's ruling. Referring to the ban on same-sex marriage, Brown's filing stated that "the public interest weighs against its continued enforcement."

Supporters of Prop. 8 have asked for Walker to stay his ruling while it is appealed to the Ninth U.S. Circuit Court of Appeals.

Written arguments relating to a possible stay were due today, though a hearing has not been scheduled and Walker has not said when he will make a decision.

E-mail Jill Tucker at jtucker@sfchronicle.com.