Stay lifted in Prop. 8 decision
Yesterday, Judge Vaughn Walker, who issued the opinion finding California’s Proposition 8 to be unconstitutional, lifted a stay on his decision allowing same-sex marriages to begin in the state on August 18th:
U.S. District Court Judge Vaughn R. Walker, who overturned the measure on Aug. 4, agreed to give its sponsors until Aug. 18 to appeal his ruling to the U.S. 9th Circuit Court of Appeals. Walker said that same-sex marriages may resume at that time unless a higher court blocks them.
Walker said the sponsors of Proposition 8 do not have legal standing to appeal his order because they were not directly affected by it.
In addition, Gov. Arnold Schwarzenegger’s and Atty. Gen. Jerry Brown, the state’s highest officials and named defendants in the case, have told Walker that his ruling declaring the measure unconstitutional should be enforced immediately.
So, even though the stay was lifted, the proponents of Proposition 8 still have time to argue for a stay to be reinstated, which the Ninth Circuit court may decide to do until they’ve heard the case on appeal.