After Judge Vaughn Walker overturned Proposition 8, the California initiative that banned gay marriage in the state, he issued a temporary hold on any new marriages taking place. He then made the decision today to extend the hold on same sex marriages. The ruling is probably going to appealed by those against Prop 8. Source of article – Prop 8 stay granted by California judge by Personal Money Store.
Judge stops Prop 8 from being eliminated
Judge Vaughn Walker anticipated that his overturn of Proposition 8 would be appealed. He thought it wise to let those for Prop 8 have a chance to defend themselves before letting same sex marriages start to take place. The Los Angeles Times reports that same sex marriages were stopped by Judge Walker on August 4 when waiting for a decision on how long to make that injunction. Today, he granted a further injunction until Aug. 18. If the defense from Perry v. Schwarzenegger don’t appeal to the Court of Appeals for the Ninth Circuit by Aug. 18, very same sex marriages will resume.
No rational basis
Judge Walker determined that Prop 8 had no realistic, that is to say legal, basis for denying same sex couples the right to “marry,” versus having “domestic partnerships” or “civil unions.” Loving v. Virginia and Griswold v. Connecticut all assumed the 14th amendment held up the right to marry whomever a person decides, which Prop 8 violates also he believes. He thought defenders should have time to appeal so after ruling on Prop 8, he stayed the ruling.
The future of the case
The Ninth Circuit is where California is within the Court of Appeals which is where Federal court decisions can be appealed. (That is the U.S.’s largest circuit) Once the decision is made within the Court of Appeals, then it could be appealed to the Supreme Court of the United States. Appellate courts can make the decision on whether or not they’d like to take the case. Whether or not to appeal can be decided by proponents in only six days.
Discover more info on this subject
LA Times
latimes.com/news/local/la-me-0813-gay-marriage-california-20100813,0,5087660.story
MSNBC
msnbcmedia.msn.com/i//MSNBC/Sections/NEWS/A_U.S.%20news/Life/gaymarriage.pdf
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