After Judge Vaughn Walker overturned Proposition 8, the California initiative that banned gay marriage within 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. It is expected that the defense for Prop 8 will appeal the ruling.
Judge on Prop 8 appeals stops elimination of the law
The overturn of Proposition 8 was a big enough decision that Judge Vaughn Walker knew he’d get an appeal. 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. August 4 was when Judge Walker made the injunction to stop exact same sex marriages, reports the Los Angeles Times. The injunction of course today will only last till August 18. The defense of Perry v. Schwarzenegger has to be appealed by August 18 within the Court of Appeals in the Ninth Circuit or else same sex marriages could be allowed again.
Lacking a realistic basis
Judge Walker determined that Prop 8 had no logical, 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 that the 14th amendment held up the right to marry whomever a person decides, which Prop 8 violates as well he believes. Upon announcing his ruling, he stayed the ruling on Prop 8 to give defenders ample time to appeal.
Where the case is to go
Decisions from Federal courts could be appealed to the Court of Appeals, and California is in the Ninth Circuit. (Their circuit is the largest in the U.S.) Once the decision is made in the Court of Appeals, then it can be appealed to the Supreme Court of the United States. Appellate courts can choose to take or not take a case. Proponents of the ban have six days to choose whether to appeal.
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
