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. The same sex marriage hold was extended today by him also. The ruling is probably going to appealed by those against Prop 8.
Judge makes Prop 8 stay just a little bit longer
Judge Vaughn Walker anticipated that his overturn of Proposition 8 would be appealed. 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 very same sex marriages, reports the Los Angeles Times. The injunction granted today will only last till August 18. Same sex marriages will start if, by August 18, the Perry v. Schwarzenegger defense doesn’t appeal within the Court of Appeals for the Ninth Circuit.
No realistic basis
Prop 8, according to Walker, hasn’t a legal basis for doubt same sex couples to “marry” instead of being called a “civil union” or “domestic partnership.” He cited Griswold v. Connecticut (giving married couples the right to make decisions about their own marriage) and Loving v. Virginia (the right to choose who to marry) in the decision over whether Prop 8 violated the 14th Amendment, which he held it did. He stayed the ruling after announcing it knowing that an appeal was to come from defenders.
Where the case is headed
Decisions from Federal courts can be appealed to the Court of Appeals, and California is within the Ninth Circuit. (That is the U.S.’s largest circuit) 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. Proponents of the ban have six days to determine whether to appeal.
Further 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
