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 .
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 .