Prop. 8 judge must now decide whether to lift his own stay
Thu. August 5, 2010 10:26 PM by GoPride.com News Staff
San Francisco -
When Judge Vaughn Walker ruled on Wednesday that California's Proposition 8 was unconstitutional, he also put a temporary "stay" on his own ruling.
That meant that while he said that a ban on gay marriage was unconstitutional, Prop. 8 would remain in effect.
So while there were celebrations in the streets of San Francisco, there were no gay wedding celebrations taking place in San Francisco City Hall.
Now, the judge has told both sides they need to submit arguments by close of business on Friday as to why he should or shouldn't keep his own stay on the ruling.
"The judge could rule one way or another tomorrow, or he could take more time into next week," Theodore J. Boutrous, one of the attorneys who challenged California's gay-marriage ban told The Sacramento Bee. "We're geared up for whatever happens."
52 percent of California voters approved Proposition 8 in 2008. It declares that marriage can only be between one man and one woman. Judge Walker ruled the Proposition denied gays and lesbians equal protection under the law.
Attorneys with the anti-gay Alliance Defense Fund said they will go to the Supreme Court if necessary to keep the stay in place while Walker's decision is appealed.
Boutrous told the Sacramento Bee that plaintiffs' attorneys will argue that as long as Proposition 8 remains in place, "our clients' rights are injured every day."
That meant that while he said that a ban on gay marriage was unconstitutional, Prop. 8 would remain in effect.
So while there were celebrations in the streets of San Francisco, there were no gay wedding celebrations taking place in San Francisco City Hall.
Now, the judge has told both sides they need to submit arguments by close of business on Friday as to why he should or shouldn't keep his own stay on the ruling.
"The judge could rule one way or another tomorrow, or he could take more time into next week," Theodore J. Boutrous, one of the attorneys who challenged California's gay-marriage ban told The Sacramento Bee. "We're geared up for whatever happens."
52 percent of California voters approved Proposition 8 in 2008. It declares that marriage can only be between one man and one woman. Judge Walker ruled the Proposition denied gays and lesbians equal protection under the law.
Attorneys with the anti-gay Alliance Defense Fund said they will go to the Supreme Court if necessary to keep the stay in place while Walker's decision is appealed.
Boutrous told the Sacramento Bee that plaintiffs' attorneys will argue that as long as Proposition 8 remains in place, "our clients' rights are injured every day."