Gay Marriages Allowed, Just Delayed in California
Chief U.S. District Judge Vaughn Walker has delayed gay marriages for another 6 days. This gives opponents of same-sex weddings until Wednesday, Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should resume.
In deciding whether a stay is appropriate, the court looks to four factors:
- whether proponents have made a strong showing that they are likely to succeed on the merits;
- whether proponents will be irreparably injured absent a stay
- whether the stay will substantially injure other interested parties; and
- whether the stay is in the public interest.
Reactions from lawmakers and others:
Save California calls Judge Walker "a tyrannical judicial activist" over his Proposition 8 decision today.
Sacramento GLBT Center says postponement of gay marriages is a "huge let-down for couples wanting to marry today."
Christian group ADF says group will file appeal to Ninth Circuit immediately to appeal Prop 8 verdict.
Governor Schwarzenegger says "today’s ruling continues to place CA at the forefront in providing freedom and equality for all people."
Rick Jacobs, Courage Campaign founder and chairman:
"Today's ruling means that in less than one week, equality under the law will be restored for millions of loving families across California. Lifting the stay is ultimately consistent with both legal precedent and the findings in this case. Specifically, that every American has a civil right to marriage, and that by depriving millions of families this right, Proposition 8 is unconstitutional. Judge Walker's ruling affirms that the purpose of our judicial system is to protect our constitutional rights, not to take away those rights. All Americans agree that weddings matter and marriage is the foundation of strong families. Families and the institution of marriage itself can only be strengthened by the inclusion of more committed couples bound by unconditional love and enduring partnership."
In overturning Proposition 8, Judge Walker wrote: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
The case will probably be heading to the Supreme Court.
Photos | Kati Garner