This article is more than 5 years old

This article is more than 5 years old

Rick Santorum says supreme court gay marriage decision is not the 'final word' Read more

Guam on Friday became the first US territory to recognise gay marriage, after a federal judge struck down the prohibition.

US district court chief judge Frances M Tydingco-Gatewood issued the decision after a hearing on Friday morning local time. It was scheduled to go into effect at 8am on Tuesday, when gay couples will be able begin applying for marriage licenses, the Pacific Daily News reported.

Attorneys representing the government of Guam said in an 18 May 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 ninth US circuit court of appeals decision last year in favour of same-sex marriage. The US district court of Guam falls under the 9th circuit.

Attorneys for the Guam plaintiffs had argued the territory must fall in line with the ninth 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 was imminent was impractical.

Guam attorney general Elizabeth Barrett-Anderson appointed an attorney to represent Calvo because they did not agree on the lawsuit; she was in favour 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 president. The territory elects a delegate to the US House, but the delegate may not vote on legislation. Guam has no representation in the US Senate.