Prop. 8 judge to rule on Thursday whether to lift injunction on gay marriage decision
Thu. August 12, 2010 12:00 AM by GoPride.com News Staff
San Francisco -
The judge in the California Prop. 8 case will decide on Thursday whether to lift the temporary injunction on his own decision.
When Judge Vaughn Walker ruled that the Proposition 8 ban on gay marriage was unconstitutional, he also put a temporary stay on his own decision. That meant effectively that Prop. 8 was still in effect and gays and lesbians cannot get married.
Both sides turned in arguments as to why they believe the stay should or should not be lifted and on Thursday, Judge Walker will rule on those arguments.
The decision is expected between noon and 3pm central time.
Prop. 8 supporters said they will take the injunction issue to the Supreme Court if necessary, which would create a brand new legal battle.
After the ruling, California Governor Arnold Schwarzenegger said that the state could immediately start handing out marriage licenses to gays and lesbians, if the judge lifted his stay.
"As the Court has pointed out, California has already issued 18,000 marriage licenses to same-sex couples without suffering any resulting harm," Schwarzenegger's office said in written arguments to U.S. District Chief Judge Vaughn R. Walker, according to the Los Angeles Times. "Government officials can resume issuing such licenses without administrative delay or difficulty."
When Judge Vaughn Walker ruled that the Proposition 8 ban on gay marriage was unconstitutional, he also put a temporary stay on his own decision. That meant effectively that Prop. 8 was still in effect and gays and lesbians cannot get married.
Both sides turned in arguments as to why they believe the stay should or should not be lifted and on Thursday, Judge Walker will rule on those arguments.
The decision is expected between noon and 3pm central time.
Prop. 8 supporters said they will take the injunction issue to the Supreme Court if necessary, which would create a brand new legal battle.
After the ruling, California Governor Arnold Schwarzenegger said that the state could immediately start handing out marriage licenses to gays and lesbians, if the judge lifted his stay.
"As the Court has pointed out, California has already issued 18,000 marriage licenses to same-sex couples without suffering any resulting harm," Schwarzenegger's office said in written arguments to U.S. District Chief Judge Vaughn R. Walker, according to the Los Angeles Times. "Government officials can resume issuing such licenses without administrative delay or difficulty."