A hold was put on marriages taking place when Judge Vaughn Walker overturned the California initiative banning gay marriage called Proposition 8. Today, he ruled that he will extend the hold on further same sex marriages. Those against Prop 8 will likely 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. Today, he of course a further injunction until Aug. 18. Same sex marriages will begin if, by August 18, the Perry v. Schwarzenegger defense doesn’t appeal within the Court of Appeals for the Ninth Circuit.
Realistic basis isn’t really seen
Judge walker feels that there is no legal reason for Prop 8 to have same sex couples be called “domestic partnerships” or “civil unions” instead of just letting them “marry.” Loving v. Virginia and Griswold v. Connecticut all assumed that the 14th amendment held up the right to marry whomever a person decides, which Prop 8 violates as well he believes. He stayed the ruling after announcing it knowing that an appeal was to come from defenders.
Wherever the case shall go
The Ninth Circuit is where California is in the Court of Appeals which is where Federal court decisions can be appealed. (The largest circuit in the U.S.) The Court of Appeals makes its decision before the Supreme Court can have anything appealed to it. The case may or may not be taken by Appellate courts. Proponents of the ban have six days to decide whether to appeal.
Further reading
LA Times
latimes.com/news/local/la-me-0813-gay-marriage-california-20100813,0,5087660.story
MSNBC
msnbcmedia.msn.com/i//MSNBC/Sections/NEWS/A_U.S.%20news/Life/gaymarriage.pdf
