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MsTinkerbelly · 08-12-2010, 02:19 PM

BREAKING: Judge Walker to lift stay on Prop 8 ruling on August 18th

By Adam Bink

Just now, Judge Walker issued his ruling on the Motion to Stay. The ruling will be stayed until Wednesday, August 18th at 5 PM PST, after which time, same-sex couples can be married again in the state of California (unless another stay is issued by a higher court).

Docket Text:

ORDER by Judge Walker denying [705] Motion to Stay. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. (vrwlc1, COURT STAFF) (Filed on 8/12/2010)

Another huge win following his decision that Prop 8 violates Equal Protection and Due Process clauses of the Constitution.

In response, Courage Campaign issued the following release:

FEDERAL JUDGE RULES SAME-SEX MARRIAGES MAY RESUME IN CALIFORNIA ON AUGUST 18
Jacobs: “Today, equality under the law has been restored for millions of loving families across California.“
Moments ago, Federal District Court Judge Vaughn Walker ruled that the temporary stay of his ruling that California’s Proposition 8 is unconstitutional will be lifted, effective August 18th. Today’s order means that in less than one week, gay and lesbian couples can once again get married in California.

More than 18,000 California gay and lesbian couples were married prior to the passage of Proposition 8 in November of 2008.

In response to today’s ruling, Courage Campaign Founder and Chairman Rick Jacobs issued the following statement:

“Today’s ruling means that in less than one week, equality under the law will be restored for millions of loving families across California. Lifting the stay is ultimately consistent with both legal precedent and the findings in this case.

Specifically, that every American has a civil right to marriage, and that by depriving millions of families this right, Proposition 8 is unconstitutional. Judge Walker’s ruling affirms that the purpose of our judicial system is to protect our constitutional rights, not to take away those rights.

All Americans agree that weddings matter and marriage is the foundation of strong families. Families and the institution of marriage itself can only be strengthened by the inclusion of more committed couples bound by unconditional love and enduring partnership.”

Developing…
UPDATE (12:57 PST): The ruling can be found here. I’ll be posting excerpts. Notable:
Because proponents fail to satisfy any of the factors necessary to warrant a stay, the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue in an orderly manner.
UPDATE (12:59 PST): Some of you may have seen a post from Brian just up- we’re going to save that analysis for a bit later. You can continue using this thread to comment.
UPDATE (1:08 PST): A number of questions have come in on whether couples will be able to marry. The answer is likely, but not definite. Meaning, the 9th Circuit Court of Appeals has some breathing room to issue a stay- and that ruling may also be appealed to the Supreme Court. At the 9th Circuit, a 3-judge panel would decide on the Motion to Stay- usually without a hearing, but a hearing is possible. If a Motion to Stay isn’t granted at a higher level, then yes, couples may marry come 5 PM on August 18th. As for a timeline, it could be as short as days to have a 9th Circuit decision

08-12-2010, 02:19 PM	#431
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,908 Times in 5,019 Posts Rep Power: 0	From the Prop 8 blog BREAKING: Judge Walker to lift stay on Prop 8 ruling on August 18th By Adam Bink Just now, Judge Walker issued his ruling on the Motion to Stay. The ruling will be stayed until Wednesday, August 18th at 5 PM PST, after which time, same-sex couples can be married again in the state of California (unless another stay is issued by a higher court). Docket Text: ORDER by Judge Walker denying [705] Motion to Stay. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. (vrwlc1, COURT STAFF) (Filed on 8/12/2010) Another huge win following his decision that Prop 8 violates Equal Protection and Due Process clauses of the Constitution. In response, Courage Campaign issued the following release: FEDERAL JUDGE RULES SAME-SEX MARRIAGES MAY RESUME IN CALIFORNIA ON AUGUST 18 Jacobs: “Today, equality under the law has been restored for millions of loving families across California.“ Moments ago, Federal District Court Judge Vaughn Walker ruled that the temporary stay of his ruling that California’s Proposition 8 is unconstitutional will be lifted, effective August 18th. Today’s order means that in less than one week, gay and lesbian couples can once again get married in California. More than 18,000 California gay and lesbian couples were married prior to the passage of Proposition 8 in November of 2008. In response to today’s ruling, Courage Campaign Founder and Chairman Rick Jacobs issued the following statement: “Today’s ruling means that in less than one week, equality under the law will be restored for millions of loving families across California. Lifting the stay is ultimately consistent with both legal precedent and the findings in this case. Specifically, that every American has a civil right to marriage, and that by depriving millions of families this right, Proposition 8 is unconstitutional. Judge Walker’s ruling affirms that the purpose of our judicial system is to protect our constitutional rights, not to take away those rights. All Americans agree that weddings matter and marriage is the foundation of strong families. Families and the institution of marriage itself can only be strengthened by the inclusion of more committed couples bound by unconditional love and enduring partnership.” Developing… UPDATE (12:57 PST): The ruling can be found here. I’ll be posting excerpts. Notable: Because proponents fail to satisfy any of the factors necessary to warrant a stay, the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue in an orderly manner. UPDATE (12:59 PST): Some of you may have seen a post from Brian just up- we’re going to save that analysis for a bit later. You can continue using this thread to comment. UPDATE (1:08 PST): A number of questions have come in on whether couples will be able to marry. The answer is likely, but not definite. Meaning, the 9th Circuit Court of Appeals has some breathing room to issue a stay- and that ruling may also be appealed to the Supreme Court. At the 9th Circuit, a 3-judge panel would decide on the Motion to Stay- usually without a hearing, but a hearing is possible. If a Motion to Stay isn’t granted at a higher level, then yes, couples may marry come 5 PM on August 18th. As for a timeline, it could be as short as days to have a 9th Circuit decision