Judge Vaughn Walker rules today that the stay he issued on his ruling that Prop 8 banning of gay marriage was unconstitutional, will be permanently lifted on August 18. At that time, all districts will cease to enforce Prop 8 and allow all to register to marry.
Order on Motion to stay (warning pdf file)
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. (vrwlc1, COURT STAFF) (Filed on 8/12/2010)
There was also a question of the standing of the proponents to appeal this stay and the ruling since this is a state law and the state of California has decided not to pursue an appeal.
From Right Wing Watch
Will The Right Sacrifice California to Save Marriage Amendments Elsewhere?
Earlier today I posted audio of David Barton talking with Tim Wildmon and Marvin Sanders of the American Family Association about his relationship with Glenn Beck, but now I want to highlight a more important piece of that discussion that occurred later in the interview when they were discussing the Prop 8 ruling.
Barton: Right now the damage is limited to California only, but if California appeals this to the US Supreme Court, the US Supreme Court with Kennedy will go for California, which means all 31 states will go down in flames, although right now this decision is limited only to California.
So there’s an effort underway to say “California, please don’t appeal this. I mean, if you appeal this, its bad for you guys but live with it, but don’t cause the rest of us to have to go down your path.”
Wildom: So you think the better situation here would be California not to appeal …
Barton: Well, I’m telling you that that’s what is being argued by a lot of folks now because the other Supreme Court attorney who watched this from afar said “on no, you left too many arguments on the table, you stayed technical.” And now, knowing what Kennedy has already done in two similar cases to this and knowing that he’s the deciding vote, the odds are 999 out of 1000 that they’ll uphold the California decision.
If they do, there’s not a marriage amendment in the country that can stand. And so the problem is that instead of California losing its amendment, now 31 states lose their amendment. And that won’t happen if California doesn’t appeal this decision. It’s just California that loses its amendment.
Yes, there will be consequences. So whose is to say that GLBT couples will not challenge the ban on gay marriage in those other states? I certainly hope they do with success.
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