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Prop 8: Same-Sex Marriages Delayed At Least Six More Days

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The federal judge in California who last week struck down the state's same-sex marriage ban ruled Thursday that local officials there still do not have the legal authority to marry same-sex couples for at least six more days.

In an 11-page order, U.S. District Judge Vaughn Walker denied a request by supporters of Proposition 8 to keep the marriage ban in place pending their appeal of his landmark 136-page ruling. But at the same time, the veteran judge, an appointee of both Ronald Reagan and the first President George Bush, gave same-sex marriage opponents six days, to the end of business on Aug. 18, to seek appellate relief from his latest order.

The practical effect of this new ruling, then, is to shift the scene of the next court battle to the U.S. Court of Appeals for the 9th Circuit, where lawyers for Prop 8 will seek to save the ballot initiative, for now, and at the same time block the renewal of same-sex marriages in California for what could be several years. But if the appeals court rules against them, same-sex marriages can resume next Thursday.

The lawyers who challenged Prop 8 applauded Walker's latest ruling.

"The overwhelming evidence at trial established beyond any doubt that Proposition 8 denies gay men and lesbians the fundamental right to marry and treats them unequally, without any rational basis for doing so, and that it causes them irreparable and immediate harm," said Theodore B. Olson, who together with David Boies led the legal team in this lawsuit. "The court's decision today recognizes that there is no reason to delay allowing gay men and lesbians to enjoy the same rights that virtually all other citizens already enjoy."

If Walker's ruling created another legal hurdle for opponents of same-sex marriage, it did not entirely satisfy Prop 8 foes, who had hoped the judge would clear the way for the immediate resumption of same-sex marriage in California.

Those marriages were halted in 2008 in the wake of the passage of Prop 8 -- and they currently remain in a sort of legal limbo. The Republican governor, Arnold Schwarzenegger, and the state's attorney general, Jerry Brown, both told Walker that California could handle new same-sex marriages. But with supporters of same-sex marriage cheering in the streets and with gay and lesbian couples prepared to promptly seek marriage licenses from local clerks, Walker punted the matter to his appeals court bosses.

As he did last week in declaring the 2008 measure unconstitutional, Walker noted on Thursday afternoon the lack of evidence offered by same-sex marriage opponents, who had sought to delay his order resuming the marriages.

"Proponents had a full opportunity to provide evidence in support of their position and nevertheless failed to present even one credible witness on the government interest in Proposition 8, " he wrote. "Based on the trial record, which establishes that Proposition 8 violates plaintiffs' equal protection and due process rights, the court cannot conclude that proponents have shown a likelihood of success on appeal," which would warrant a stay.

If and when it receives an appeal from Prop 8's supporters in the next few days, the 9th Circuit will face many of the same initial questions presented to Walker. A three-judge panel of federal appeals judges -- chosen at random -- will first have to determine whether opponents of same-sex marriage have established the legal elements necessary to stay the enforcement of Walker's order. Any ruling by the 9th Circuit could be appealed to the U.S. Supreme Court.
Filed Under: Gay Rights, Law

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203 Comments

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CAMERON

I AM NOT GAY. WHO CARES JUST LET THEM GET MARRIED (SAME SEX)

August 31 2010 at 4:08 PM Report abuse rate up rate down Reply
drakecennedig9

Marriage, in truth, had very little to do with love for most of human history. Since ancient times, marrying someone was a declaration of fatherhood. It is not possible to say that a woman did not give birth to a given child, but it was possible to deny fatherhood. Marriage, along with no sex before marriage, ensured that any child created had two parents to raise them. This is why it is so important to avoid premarital sex, and also why it is so important to avoid divorce at all costs. Children need two parents. This is why it was so scandalous for Joseph to take Mary as a wife; in that time, it was the same thing as claiming this child as his own. If marriage is all about the love between parents, then there is no reason to deny homosexuals. But if, as I believe, marriage is about ensuring children the right to their own parents, then homosexual marriage should go the same way as divorce: out the door and out of the general sphere. Two people who love each other can do as they please, but two people who want to make kids should be tied to those children.

August 30 2010 at 2:05 PM Report abuse -1 rate up rate down Reply
charmedgurl69

people should be able too marry the person they love, i respect what your religion say's thats its a sin but u dont have to go around putting down gays/lesbians, because you think its wrong.... show some respect. take a page from the Bible, forgive dont allow hatred in your hearts.

August 29 2010 at 4:10 PM Report abuse rate up rate down Reply
Chris & Mary Ann

When someone--ANYONE--can explain how my love and commitment to my husband of 23 years can be jeopardized or be made weaker by any 2 other loving human beings who want to make the same commitment to each other, please, let me know. Please, no scripture. This is not about beliefs--it's about our constitunal rights as our Founding Father's wanted for us. They prayed that we would live together in peace. That we would realize, underneath it all, we are all the same; a little bit good, a little bit bad. But we are all here and we need each other more then ever in these hard times. There are times in our lives where we have the choice to come together or fall hopelessly apart. Thank you for listening.

August 25 2010 at 9:59 PM Report abuse -1 rate up rate down Reply
mamacoog

well personally it should matter about same sex marriage....everybody dosent believe in God,Jesus, or the Holy Bible but in the bible it is a sin to be homosexual. So, therefore it should be illegal. ( in my opinion)

August 20 2010 at 4:27 PM Report abuse -3 rate up rate down Reply
1 reply to mamacoog's comment
nhmaus

Remember it is not a question of marriage but of equal access to all the rights that go along with "marriage." Separate church and state and require all committed couples to get a license to be joined as one and then leave the marriage to a church if the couple so desires. We do not care what you call it, just give my husband and I the same legal rights as opposite sex couples. This is the issue - equal rights and access to over 1,400 federal laws/benefits.

August 23 2010 at 1:38 PM Report abuse +5 rate up rate down Reply
ehmdkg

how is this a "landmark" case? it is neither a new issue nor a nuew position.... the only thing that might be BIG about it is the attempt by a lowly Federal District Court Judge to overrule the people of an entire sovereign State. His dicta on how he felt there could not be grounds for gay-marriage opponents to appeal were priceless too...if the parties have no standing to appeal, he has no jurisdiction to rule. so i guess in terms of the contorting of our jurisprudence, and in terms of what all this means for federalism, it might end up being landmark...but the courts above this ringmaster will make the decisions, if any, which will be landmark decisions.

August 18 2010 at 10:35 AM Report abuse +2 rate up rate down Reply
vivralafrance

Even Glen Beck is pro gay marriage !

August 13 2010 at 4:33 PM Report abuse -2 rate up rate down Reply
markssngr

My concern: I know in my faith that gay marriage is not and will not be approved. When this passes, the issue then becomes our religious right to say no. But because this will be law, that opens an opportunity to sue for "equal rights". This is where the lines get muttled. This isn't just protecting marriage this is protecting the right to worship and believe and support what we believe with out interference. Will gay marriage hurt us, no. Will gay marriage hurt the nucleus of ideal families yes!

August 13 2010 at 1:11 PM Report abuse -7 rate up rate down Reply
hioldman70

The solution to gay marriages is very easily solved. Since marriage is an institute with it's origin in religion, there should be no federal or state laws concerning the union of two religious people. This would be true "separation of church and state.

Federal and state governments should pass laws that only apply to "civil unions" and eliminate the word marriage. Churches on the other hand should handle all marriages for religious people. Subsequently no religion would have to recognize gay unions and those who are religious could have their marriage by the church. Civil unions should allow all the benefits of federal and state law as now covered by marriage. Religious persons who want the benefits currently under the laws should have a second ceremony (a civil union) under federal or state laws.

This would give the gays the rights they want and at the same time honor the religious meaning of marriage.

This is a very simple solution and therefore I doubt very seriously that any politician would support such a solution.

August 13 2010 at 12:49 PM Report abuse -3 rate up rate down Reply
1 reply to hioldman70's comment
drakecennedig9

It is simple, because it forces people to leave their religion behind when entering the world of politics. Religion, by its very nature, encompasses all parts of life. Few religious people that I know of would willing try to forget God in the midst of politics.

August 30 2010 at 2:07 PM Report abuse rate up rate down Reply
Mike

While we're wasting time focusing on this issue, our entire country is circling the economic drain. The Declaration of Independence guarantees the right of each individual to life, liberty and the pursuit of happiness and proclaims that all men are created equal. It doesn't distinguish between gay and straight. Since the anti-same-sex-marriage group is trying to get language in the Constitution to specifically say marriage is between a "man and a woman", then it's obvious that language isn't there now. Forty or fifty years ago, people didn't want interracial marriages. Well, we've got them. I'm not gay and frankly, I wish this issue wasn't even important for gay people, but it is and I think we ought to view gay people as they are. They're human. Whether you agree with their sexual orientation or not, they are human beings who have feelings just like you and me. We need to stop wasting time and money fighting this and allow them the same things we want for ourselves. And I'm a conservative! Remember, what would you say if a gay person was someone close to you? Someone you personally care about? We've got bigger problems facing us in this country.

August 13 2010 at 11:52 AM Report abuse +4 rate up rate down Reply

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