After Judge Vaughn Walker overturned Proposition 8, the California initiative that banned gay marriage in the state, he issued a temporary hold on any new marriages taking place. The same sex marriage hold was extended today by him also. It is expected that the defense for Prop 8 will appeal the ruling.
Prop 8 not eliminated because of Judge
The overturn of Proposition 8 was a big enough decision that Judge Vaughn Walker knew he’d get an appeal. He thought it wise to let those for Prop 8 have a chance to defend themselves before letting same sex marriages start to take place. 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, exact same sex marriages will resume.
Rational basis isn’t really seen
Prop 8, as outlined by Walker, hasn’t a legal basis for doubt same sex couples to “marry” instead of being called a “civil union” or “domestic partnership.” He cited Griswold v. Connecticut (giving married couples the right to make decisions about their own marriage) and Loving v. Virginia (the right to choose who to marry) in the decision over whether Prop 8 violated the 14th Amendment, which he held it did. Upon announcing his ruling, he stayed the ruling on Prop 8 to give defenders ample time to appeal.
The future of the case
To appeal a decision, one must go to the Federal courts, or the Court of Appeals, and California is in the Ninth Circuit for that. (Their circuit is the largest in the U.S.) The Supreme Court can have the decision appealed after the Court of Appeals makes its decision. Appellate courts can choose to take or not take a case. Proponents of the ban have six days to choose whether to appeal.
Additional 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
