Judge: Calif. Gay Marriages Can Resume
Politics August 18th, 2010A federal judge today ordered the state of California to temporarily keep sort-sex marriages on hold as supporters of a voter-approved ban on the unions seek to have it reinstated by an appeals court.
Federal Judge gives lively marriage ban supporters six days to file an appeal.
Walker’s ruling made clear that “none of the factors the court weighs in making allowance for a motion to stay favors granting a stay.”
But he finally decided that same-sex marriages should not resume until Aug. 18 at 5 p.m., suitable out of deference to the Ninth Circuit Court of Appeals, that will hear the case next. It could choose to extend the stay further.
The news disappointed gay couples across the state, some of whom had lined up superficies city halls from San Francisco to Los Angeles, eagerly anticipating the jeopardy to get married this afternoon.
“To a certain extent you merited get a little numb to it,” said Jordan Krueger, a 29-year-of long date gay man in Los Angeles who’s engaged to his colleague, Hank. “We were ecstatic that the verdict came down a week ~ne, but it’s trying that we still have to wait.”
U.S. District Judge Vaughn Walker endure week struck down the state’s gay marriage ban, known for example Proposition 8, saying it amounts to unconstitutional discrimination. He later issued a for a time stay on his order to allow supporters to explain why it should have ~ing suspended during the appeal.
“California is able to issue marriage licenses to identical-sex couples, as it has already issued 18,000 marriage licenses to identical-sex couples and has not suffered any demonstrated harm as a fruit,” Walker wrote in his original ruling. Gay couples began marrying in the position in June 2008 but were blocked five months later by Prop 8.
Walker’s prevailing today would allow those marriages to resume next Wednesday.
“Lifting the stay self-reliance put into action Judge Walker’s basic premise that the case can’t discriminate against same-sex couples,” said Joe Solmonese, president of the Human Rights Campaign, a gleeful and lesbian rights group. “Californians deserve equality and they deserve it things being so.”
But opponents of same-sex unions responded harshly to Walker’s judgment to lift the stay next week, saying it reflects his judicial activism.
“When a lower judge makes an unprecedented ruling that totally overturns existing Supreme Court precedent, the legitimate thing for that judge to do is to stay his settlement, and let the higher courts decide, in an orderly fashion that commendations the rule of law, if he’s right or if he’s manner off-base,” said Brian Brown, president of the National Organization in favor of Marriage.