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Prop 8 News: Temporary Stay means Gay Marriage to Resume on August 18

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A temporary Prop 8 stay will be in effect for six more days, says Chief U.S. District Judge Vaughn Walker. Walker, who deemed Proposition 8 unconstitutional last week, has announced today that gay marriage is to resume in California on August 18. The reason for the wait is to allow supporters of the ban on gay marriage to submit appeals to the majority Democrat U.S.9th Circuit Court of Appeals, after which  it is likely to go on to the more conservative U.S. Supreme Court.

In order to file an appeal, supporters of Prop 8 must provide evidence of legal standing, meaning they are directly affected by the ruling. Walker maintains that proponents of Prop 8 do not “face the kind of injury” necessary to have standing.

Walker continues that, “In light of those concerns, proponents may have little choice but to attempt to convince either the governor or the attorney general to file an appeal to ensure jurisdiction.” Governor Arnold Schwarzenegger and Attorney General Jerry Brown both support Walker’s decision to allow gay marriage to resume immediately.

Proponents of Prop 8 promise to appeal the decision and bring it to the Supreme Court if necessary. Additionally, they assert that Walker’s decision to resume gay marriage so quickly will cast doubt on gay marriages granted before the appeals court makes a decision.

After 13 days of testimonies, Judge Walker depended on findings of facts rather than moral disapproval when concluding that, “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

Photo by ProComKelly posted on Flickr

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