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News and commentary about the anti-gay lobby“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
News and commentary about the anti-gay lobbyAugust 12th, 2010
We have received word that Chief U.S Federal District Judge Vaughn Walker has lifted the stay on enforcing last week’s ruling declaring California’s Prop 8 unconstitutional. Effective 5 PM PDT on August 18, California becomes the sixth state where same-sex couples enjoy the freedom to marry.
The order reads (PDF: 40 KB/11 pages):
None of the factors the court weighs in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.
It will now be up to the Ninth Circuit Court of Appeals to decide whether to issue a stay. Given that none of the defendants have any intention of appealing, it’s unlikely the Appeals Court will intervene. The Alliance Defense Fund, which intervened to defend Prop 8, is not a named defendant and it is unclear that ADF would have any standing either to ask for a stay or seek an appeal.
UPDATE: We have two threads on this order. Please continue conversation on the other thread.
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neil h.
August 12th, 2010
Marvelous news!
Matt
August 12th, 2010
PDF of the Final Stay Order:
http://www.scribd.com/doc/35799785/Final-Stay-Order
Candace
August 12th, 2010
YAY! & can’t wait to watch Magster et al., have another hissie fit.
Marcus
August 12th, 2010
I thought the best line from the decision was this:
“Proponents also point to harm resulting from ‘a cloud of uncertainty’ surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved…. Proponents have not, however, alleged that any of them seek to wed a same-sex
spouse.”
Tee hee hee. So much for their grave concerns for us. Walker has a sense of humor…
L. Junius Brutus
August 12th, 2010
I especially like the part where he is skeptical of whether proponents have standing. Maybe we won’t have to worry about Anthony Kennedy after all.
Jason D
August 12th, 2010
this caught my eye:
In Lockyer v City & County of San Francisco, the
California Supreme Court explained that the regulation of marriage
in California is committed to state officials, so that the mayor of
San Francisco had no authority to “take any action with regard to
the process of issuing marriage licenses or registering marriage
certificates.†33 Cal 4th 1055, 1080 (2004). Still less, it would
appear, do private citizens possess authority regarding the
issuance of marriage licenses or registration of marriages.
In other words, ADF, ProtectMarriage.com don’t and can’t issue licenses, so why would ending the stay affect them?
Also, this is a nice little legal gift from the whole Gavin Newsome incident where he started issuing marriage license. His loss is our gain. I guess more like our loss is our gain.