More on Proposition 8!

August 12, 2010
Categories: Misc | Author: Harris Law Firm
More on Proposition 8!


As a result of last week’s overturning of Proposition 8 by a California District Court Judge, many Californians wondered if the ban on same-sex marriage would be lifted or would remain in tact pending Prop 8’s journey through the appellate courts. Supporters of Prop 8 filed a motion seeking a stay of the court’s order until the Ninth Circuit Court of Appeals had a chance to review the matter. The proponents argued that marriage in California would become even more complicated if same-sex couples are permitted to marry and the Ninth Circuit ultimately overturned the District Court’s decision. Opponents of Prop 8 argued that the District Court’s ruling should stand as good law until and appellate court determines otherwise. Governor Schwarzenegger and Attorney General Jerry Brown filed a motion on behalf of the State of California arguing that same-sex marriages should be allowed to resume immediately.


Today, Judge Vaughn seemed to find a middle ground between both sides of the debate. Judge Vaughn denied the motion to stay. The denial of the motion essentially ends the ban on same-sex marriage in California. However, the stay remains in effect until August 18th. The purpose of the August 18th deadline is to give the proponents of Prop 8 time to file their appeal with the Ninth Circuit and to allow the appellate court to weigh in on ?whether same-sex marriages in California should continue during the appellate process. If the Ninth Circuit does not act prior to 5:00 pm on August 18th, same-sex marriage will be reinstated in California.


Many same-sex couples lined up at the San Francisco Clerk’s office this afternoon hoping for the immediate reinstatement of same-sex marriage. Those couples will have to wait another six days to find out if the State of California will once again extend the rights and responsibilities of marriage to all of its citizens. ?


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