Judge dumps Arizona gay marriage ban

In a brief order, Judge John Sedwick said he was bound by last week's ruling by the 9th U.S. Circuit Court of Appeals which voided similar laws in Nevada and Idaho as unconstitutional. So he ordered the state to "permanently cease enforcement of those provisions of Arizona law declared unconstitutional by this order."

More immediately significant, Sedwick denied a request by the state that he delay the effect of his order to allow for an appeal.

"It is clear ... that an appeal to the 9th circuit would be futile," he wrote. And Sedwick pointed out that the U.S. Supreme Court just recently refused to review decisions from other appellate courts requiring same-sex marriage to be recognized in Indiana, Oklahoma, Utah, Virginia and Wisconsin.

"It is also clear ... that the high court will turn a deaf ear on any request for relief from the 9th Circuit ruling," Sedwick wrote.

Jennifer Pizer, attorney for Lambda Legal Defense and Education Fund, which represents one of the groups of challengers, said that denial should mean gays can immediately wed in the state. In fact, she was flying in this morning from California to help expedite it.

But she conceded that court clerks — the only ones authorized to issue marriage licenses — are likely to turn away couples absent specific authorization from Attorney General Tom Horne.

Couples will know later this morning.

"We are ethically obligated to talk to our clients and see what they want to do,'' said Stephanie Grisham, Horne's press aide. Horne has scheduled a press conference for 10:30 today.

In the interim?

"They're not going to get a marriage license because the courts are going to ask us what to do,'' Grisham said. "And we're going to tell them that we're not sure yet."

Gov. Jan Brewer issued a statement Friday morning calling the ruling "deeply troubling."

“Simply put, courts should not be in the business of making and changing laws based on their personal agendas," the statement said. "If society wants to recognize same-sex marriage or civil unions, that decision should be made through our elected representatives or at the ballot – not the courts.”

Pima County Superior Court won’t be ready to issue marriage licenses to gay couples today, but should be ready by Monday, said Court Clerk Toni Hellon.

Hellon made the statement before state Attorney General Tom Horne said gay couples could file for licenses immediately. It was not known how quickly they would be issued in Pima County.