Judge Walker’s Ruling Extending Stay Until August 18— What Does It Mean and What Happens Next?

[Duncan Grant]

Edit: I had intended to point out that this information is from The National Center for Lesbian Rights. Thanks to the NCLR!

http://nclrights.wordpress.com/2010/08/12/judge-walker%E2%80%99s-ruling-extending-stay-until-august-18%E2%80%94-what-does-it-mean-and-what-happens-next">Judge Walker’s Ruling Extending Stay Until August 18— What Does It Mean and What Happens Next?

Does Judge Walker’s ruling today mean that same-sex couples in California will be able to marry starting August 18, 2010?

Not necessarily. Judge Walker ruled that there is no legal reason to delay letting same-sex couples marry; however, he kept the stay on his ruling in place until August 18. That extra time will allow the Ninth Circuit Court of Appeals to decide whether to let same-sex couples in California marry while the appeal proceeds, or whether to continue the stay until the Ninth Circuit reviews Judge Walker’s decision that Prop 8 is unconstitutional.

In practice, this means that the proponents of Prop 8 have a chance to file a motion for stay with the Ninth Circuit, and the Ninth Circuit has a chance to grant or deny that motion, but it must do so by August 18. If it does not, marriages will automatically start again at that time.

Does the Ninth Circuit have the final say over whether to stay Judge Walker’s ruling?

No. If the Ninth Circuit denies a stay, the proponents of Prop 8 can ask the United States Supreme Court to issue a stay. That request would be directed to Justice Anthony Kennedy, because he is the justice designated to hear requests for stays in the Ninth Circuit. If Justice Kennedy denied the motion to stay, the proponents of Prop 8 could ask the entire court to rule on that issue. Remember, this is not about whether Prop 8 is unconstitutional, but only about whether couples can marry based on Judge Walker’s ruling while the case is being appealed.

More at link above...

[RKP5637]

1. For a country that preaches to other countries about human rights, equality and

freedom, it's always amazed me how many Americans since the country began have tried to discriminate against others, it seems endless. After the gays and Mexicans who will be next.

[pinboy3niner]

2. Don't forget Muslims

Gays, Mexicans and Muslims are the current targets of the haters. Like you, I can't help wondering who will be next...

[RKP5637]

3. Thanks for adding Muslims too. It seems we have enough hatred in this

country to cover the world. And we have numerous politicians that run on agendas/campaigns of hatred. It's become a very very strange place IMO. Even Robert Gibbs put in his 2 cents to divide off some of the democrats. It's insane.