( CNN ) -- Gov . Arnold Schwarzenegger asked a federal judge Friday to allow same-sex marriages while an appeal over the struck-down law that banned them makes its way through the courts . Schwarzenegger and Attorney General Jerry Brown filed briefs two days after Chief U.S District Judge Vaughn Walker ruled California 's voter-approved ban on same-sex marriage , known as Proposition 8 , violated the constitutional rights of same-sex couples . In his Wednesday ruling , Walker also issued a temporary stay , which stopped his decision from taking effect . If he lifts his stay , officials in California could immediately be allowed to perform same-sex marriages again . They were able to do so , briefly , before the Proposition 8 ban passed in 2008 . `` The Administration believes the public interest is best served by permitting the Court 's judgment to go into effect , thereby restoring the right of same-sex couples to marry in California , '' read the brief from Schwarzenegger . `` Doing so is consistent with California 's long history of treating all people and their relationships with equal dignity and respect . '' Supporters of Proposition 8 argued , prior to Walker 's ruling , that same-sex marriages would be performed soon after he issued his opinion and could be complicated by rulings and appeals down the road . They asked the judge to stay his decision pending appeal . The case goes next to the 9th Circuit U.S. Court of Appeals , and both sides say it is sure to wind up in the U.S. Supreme Court . Walker could issue his decision on the stay as early as next week . Brown , a Democrat who is running to replace Schwarzenegger , also weighed in on the controversial case . `` As this Court has concluded that Proposition 8 is unconstitutional , the public interest weighs against its continued enforcement , '' read the brief from Brown . Brown 's opponent in the governor 's race , Meg Whitman , told reporters before Walker 's ruling she is against same-sex marriage but favors civil unions , according to the Associated Press . The news agency reported Whitman , a Presbyterian , has explained her vote for Proposition 8 as one of `` faith and conscience . '' `` I believe marriage should be between a man and a woman , '' the AP reported Whitman said at a campaign stop in East Los Angeles . Proposition 8 is part of a long line of seesaw rulings , court cases , debates and protests over same-sex marriage . It passed in California with some 52 percent of the vote in November 2008 . Same-sex marriage is currently legal in five U.S. states -- Massachusetts , Connecticut , Vermont , Iowa and New Hampshire -- and in the District of Columbia , while civil unions are permitted in New Jersey .
Governor and attorney general say enforcement of Section 8 is not in the public interest . Defendants in the case have asked for a stay pending appeal . The judge could make his decision as early as next week . If he lifts the stay , California could start issuing same - sex marriage licenses immediately .