Tuesday, August 17, 2010

Prop 8 stay granted by Judge

Judge in California grants Prop 8 stay

The California initiative that banned gay marriage in California, called Proposition 8, was overturned by Judge Vaught Walker causing a hold on new marriages taking place to get a hold. He then made the decision today to extend the hold on same sex marriages. It is expected that the defense for Prop 8 will appeal the ruling.

Prop 8 not eliminated because of Judge

Judge Vaughn Walker anticipated that his overturn of Proposition 8 would be appealed. He decided to enjoin same sex marriages from taking place and give Prop 8 defenders the chance to appeal the case. According to the Los Angeles Times, Judge Walker placed an injunction on any further same sex marriages Aug. 4, to determine how long the injunction should last. The injunction granted today will only last till August 18. If the defense from Perry v. Schwarzenegger don’t appeal to the Court of Appeals for the Ninth Circuit by Aug. 18, very same sex marriages will resume.

Lacking a realistic basis

Prop 8, as outlined by Walker, hasn’t a legal basis for not accepting same sex couples to “marry” instead of being called a “civil union” or “domestic partnership.” He decided Prop 8 violated the 14th amendment which was also held up in Griswold v. Connecticut and Loving v. Virginia. Upon announcing his ruling, he stayed the ruling on Prop 8 to give defenders ample time to appeal.

Where the case is to go

To appeal a decision, one must go to the Federal courts, or the Court of Appeals, and California is within the Ninth Circuit for that. (Their circuit is the largest in the U.S.) Once the decision is made within the Court of Appeals, then it can be appealed to the Supreme Court of the United States. The case may or may not be taken by Appellate courts. Six days is the time frame proponents have to decide whether or not to appeal.

More on this topic

LA Times




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