Thursday, August 12, 2010

Judge Vaughn Walker Rejects Request to Stay Ruling; Marriages Legal as of August 18

WIth federal judge Vaughn Walker's decision today rejecting the defense's request to stay his ruling from last week that struck down our state's anti-gay Proposition 8, same-sex couples in California are able to begin getting married again starting August 18.

Couples were lined up inside the court building in San Francisco before the ruling was announced, ready to get married the instant it was made legal again. But they'll have to wait. The judge's ruling said:
None of the factors the court weighs in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to United States District Court For the Northern District of California 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.
In the case Perry et al v. Schwarzenegger et al, Chief Judge Vaughn R. Walker supported his previous ruling. This was expected in many legal quarters, because in his ruling striking down Proposition 8, he made very broad and strong denunciations of the weak "evidence" and assertions of the defendants, and he also made fundamental statements about constitutional fairness. That's not the kind of thing you then go back and say, "Well, maybe I am wrong." If you rule something is a fundamental constitutional sin, you don't say that should be continued while lawyers jaw-bone it out in the courts for years.

You can get the official ruling here, at the site of the U.S. District court.

So, on the the U.S. Circuit Court!

After many years in which anti-discrimination causes were under heavy fire, it's great to see some momentum in the direction of fairness and equality.

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