Judge Vaughn Walker Prop 8 Decision To Be Released August 4
Judge Vaughn Walker to Rule on Proposition 8
Supporters and opponents of California's Proposition 8, which defines marriage as between a man and a woman, are awaiting Chief US District Judge Vaughn Walker's decision. The ruling will dictate whether or not Prop 8 is constitutional. A ruling against Proposition 8 would be saying that the measure violates homosexuals' constitutional equality. [Update: Judge Vaughn Walker rules against Prop 8 in Perry et al vs Schwarzenegger]
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Regardless of Vaughn Walker's decision, this seems like a case destined to end up in front of the US Supreme Court, as it would decide whether or not access to legal marriage defines a separate class of citizen.
Lawyers defending Prop 8 have asked for a stay of the ruling if it is not in their favor:
"A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California," they wrote.
The San Francisco judge's ruling is expected to be released between 1 and 3 p.m. today.
Under court rules, there may be as much as a month's delay before the judge might act on such a stay request. If the judge denies a stay request, the losing side can quickly appeal to the 9th Circuit.