We (Almost) Have Marriage Equality -- Ari Ezra Waldman

[Duncan Grant]

We (Almost) Have Marriage Equality -- Ari Ezra Waldman

Northern District of California Judge Vaughn Walker will enforce marriage equality in California...as of 5 pm Pacific on August 18, 2010. But for now, same-sex marriages will remain on hold.

Walker But, wait a minute. If the proponents of Prop 8 lost so comprehensively on August 4, why continue the stay? In the words of Judge Walker himself, marriage equality won the day. So, why would a judge delay the enforcement of his own decision. It is really a matter of procedural fairness. Judge Walker recognizes that this is, to paraphrase Vice President Biden, a big deal and it is only fair in our system to give the parties that lost at trial the opportunity to file their papers with the court of appeals. It also is a sign of respect for the appellate court, which now has time to consider any motion for a stay that they might here in the near future. Plus, this kind of ruling is common, even in civil cases. It may be frustrating, but Rome wasn't built in a day, and neither were civil rights.

Regardless of the one-week extra delay in same-sex marriages in California, this decision was another momentous step forward for marriage equality. And here are five reasons why.

1. The stay was denied.

When lawyers refer to a "stay", they mean a delay in enforcing something. Outside of one more week, which Judge Walker found necessary "to permit the court of appeals to consider the issue in an orderly manner," the stay was denied. Prop 8 proponents had the responsibility of showing that allowing same-sex marriages would do so much harm to them that to go forward with same-sex marriage would be devastating. It's a high hurdle to jump, and Prop 8 proponents barely got off the ground. They admitted that they could not identify any harm to them if marriages licenses were issued. In fact, they relied on apparent harm to same-sex couples, caused by any uncertainty around the availability of marriage rights between now and any appeal. I am heartened that they are thinking so altruistically about same-sex couples here. But, that's not a harm that Prop 8 proponents will feel. In fact, it's barely a harm to anyone at all. (more at link above)

[msongs]

1. at least he is not conducting a survey to get permission from the troops first lol nt