After Judge Vaughn Walker overturned Proposition 8, the California initiative that banned gay marriage in 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. Those against Prop 8 will likely appeal the ruling.
Judge on Prop 8 appeals stops elimination of the law
Judge Vaughn Walker knew that he would be appealed in his decision to overturn Proposition 8. He decided to enjoin same sex marriages from taking place and give Prop 8 defenders the chance to appeal the case. According to the Los Angeles Times, Judge Walker placed an injunction on any further same sex marriages Aug. 4, to determine how long the injunction should last. Today, he granted a further injunction until Aug. 18. The defense of Perry v. Schwarzenegger has to be appealed by August 18 in the Court of Appeals in the Ninth Circuit or else same sex marriages can be allowed again.
Realistic basis nowhere to be found
Prop 8, as outlined by Walker, hasn’t a legal basis for denying same sex couples to “marry” instead of being called a “civil union” or “domestic partnership.” He decided Prop 8 violated the 14th amendment which was also held up in Griswold v. Connecticut and Loving v. Virginia. He stayed the ruling after announcing it knowing that an appeal was to come from defenders.
The case’s future
Decisions from Federal courts can be appealed to the Court of Appeals, and California is in the Ninth Circuit. (The largest circuit in the U.S.) Once the decision is made in the Court of Appeals, then it could be appealed to the Supreme Court of the United States. Appellate courts can make the decision on whether or not they’d like to take the case. Six days is the time frame proponents have to decide whether or not to appeal.
Additional reading
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
