Judge To Rule On Prop 8 Stay Today

Jim Burroway

August 12th, 2010

When U.S. District Judge Vaughn Walker released his ruling striking down California’s Proposition 8 as unconstitutional, he also imposed a temporary stay blocking immediate implementation of his decision. Judge Walker is expected to rule today, sometime between 9:00 a.m. and noon PST on whether he will life the stay or hold it in place pending appeals.

Two defendants of in Perry v. Schwarzenegger, the state Attorney General and Governor Arnold Schwarzenegger, have already announced that they will oppose the stay and will not appeal the case. The Board of Supervisors for Imperial County, which had attempted to intervene when the original defendants declined to defend the case, voted on Tuesday to appeal the ruling. It is doubtful that they will have standing to appeal. It is also questionable as to whether the Alliance Defense Fund, which ultimately did intervene to defend Prop 8, has standing to intervene either. If that’s the case, then the ruling would apply only to the state of California and would not go to the Ninth Circuit Court of Appeals or the U.S. Supreme Court.


August 12th, 2010

The whole ruling was a careful preparation for the supreme court. Does anyone really think Walker believes there’s no grounds for appeal?

Jason D

August 12th, 2010

Jonathan as I understand it, it’s unlikely that anyone besides the defendants (the state) can file an appeal. Walker has already denied the appeal to intervene by Imperial County, they have to now see if the next court up (I forget the name), the court that would hear the appeal, will allow Imperial or anyone else to intervene and file an appeal.


August 12th, 2010

Going to be interesting to see how Walker rules here. If he witholds stay, the proponents could appeal THAT decision all the way up to the US Supreme Court before the actual appeal gets underway.

The P8TT site has a good article that goes further in depth on this, and also looks at the question of whether the Prop 8 proponents (NOM, ADF, etc) even HAVE standing to file an appeal in the first place, now that Schwarz. et al have said that they themselves are opposed to the stay:


August 12th, 2010

stay denied per joe. my. god.


August 12th, 2010

er, I meant to say lifted…


August 12th, 2010

Confirmed through GAY, Lambda Legal, FTM:


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