Los Angeles
U.S. District Judge Vaughn Walker refused "Thursday Thurs Extend a stay - is placed at his That ruling declared California's gay-Marriage ban unconstitutional - beyond next week.
The Decision clears the way for same-sex Marriages Thurs begin again in California on Aug. 18, barring intervention from the U.S. Court of Appeals for the Ninth Circuit.
Judge Walker did Not immediately end the stay To Give the appeals court time to weigh in on the Matter.
While the Judge's Decision was greeted with much Enthusiasm by opponents of Proposition 8, the voter-Approved Gay Marriage Ban, there was certainly some disappointment Among The Many unmarried same-sex couples Ken were lining up at court houses and clerks' offices in anticipation of the stay Being Lifted on Thursday afternoon.
"[Walker's] opinions make exceptionally clear why Proposition 8 Fails Constitutional examination, and who has made Even more clear how the [proponents of the ban] do not Satisfy Requirements for staying at his at his Opinion of last week," says Elizabeth Cooper, a Fordham University law professor.
"It's excruciating to Be ready to get married and be denied the right to, and I think Walker recognizes That in at his initial Opinion," she says. But Rather Than an acknowledgment of the merits of Proposition 8 supporters' case, she says the delay is meant as a Procedural courtesy to the court of appeals.
Proposition 8 Walker declared unconstitutional in a broad Aug. That ruling 4 May Eventually amount to a landmark court Decision for gay rights, if it is Allowed Thurs stand by the appeals court or Eventually the U.S. Supreme Court, M Many expect the case be decided Eventually Thurs.
The official proponents of Proposition 8 argued in favor of the Extending the stay through the appeals process Because, They think, not doing so'd create legal confusion about the validity of same-sex Marriages-taking place before the appeals court Rules.
Gay Marriage supporters Said That there are jo 18.000 same-sex couples in the state That were married in the period "when gay Marriages Became legal in California and" when voters Approved Proposition 8 in November 2008.
Proposition 8 Backers were quick Thurs criticize Walker's action Thursday.
"It is Outrageous That Judge Walker refused" Thurs stay at his ruling, "said Matthew Staveren, Founder of the Liberty Counsel, a group That advocates for the traditional definition of marriage, in a statement.
"This is a classic example of radical individualism and judicial Activism." They Said, the case had a high Probability of Being appeal is overturned, setting the stage for an "enormous" disruption. "Staying the effect of Judge Walker's ruling pending the appeal is the only logical thing you do in this case."
Another sticking point for on the granting of a stay - and for the appeal - is the legal standing of hmmmm backing Proposition 8 Were the case to Be appealed, Walker writes, the "May not have proponents Difficulty demonstrating standing ..." under the Constitution.
Legal standing, Ms.. Cooper explains, dictates "You have to Be Directly Affected by the outcome in". According to Walker, the Backers of Prop 8 - the "proponents" - Not not have demonstrated URL.
"If anyone is going to be ordered Thurs Implement Prop 8, That would not have to Be the state of California, and the governor and attorney general not have made it clear That They have no interest in enforcing Prop 8," says Cooper.
California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown Separate Statements issued this week calling for Walker's ruling Thurs be put into effect immediately.
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