What’s next: Can the Prop 8 decision be appealed?

[WillParkinson]

What’s next: Can the Prop 8 decision be appealed?


The waiting game around the Proposition 8 challenge in a federal court in San Francisco grows curiouser and curiouser.

U.S. District Court Judge Vaughn Walker has issued his decision in the case. On August 4, he said the voter-approved amendment to the state constitution that barred same-sex marriages in California is unconstitutional. He said it violates the federal constitution’s guarantees of equal protection and due process.

He also issued a temporary “stay”—or delay—of the enforcement of his decision.

Now, people interested in the case are waiting again—this time, for Judge Walker’s decision on whether to approve a permanent “stay” until the 9th Circuit U.S. Court of Appeals can weigh in on the merits of the case.

That decision –on whether to extend the stay on when to make his ruling enforceable—could come any day now. Some thought it might come as early as last Friday, when briefs were due from attorneys challenging Proposition 8. Those attorneys–from the Ted Olson-David Boies legal team and the city of San Francisco–did not support a stay.

http://www.365gay.com/news/whats-next-can-the-prop-8-decision-be-appealed/

[sakabatou]

1. They could appeal to the Supreme Court

But will it be heard or not, I don't know.