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Judge Walker Sets Aug. 18 as Date Stay is Lifted on Prop 8 Ruling

UPDATE: We now have official documents. The stay is in place until August 18, at which time couples can marry...

Walker Freedom to Marry tweeted earlier that Judge Walker had lifted the stay on his ruling striking down Proposition 8, and couples were free to marry in California, but made no mention of the delay.

The delay may give time for Prop 8 proponents to appeal the decision to the 9th Circuit court of appeals.

Ari Ezra Waldman will be providing us some analysis in just a bit.

Said Evan Wolfson of Freedom to Marry in a statement (that was, perhaps, a bit hasty): 

“California is now the sixth state where same-sex couples share in the freedom to marry. As the Governor, the Attorney General, and Judge Walker have all concluded, there is no good reason to continue excluding same-sex couples from marriage. Same-sex couples across California can once again share in the respect and personal significance of marriage, as well as the critical safety net of protections and responsibilities that marriage will bring to their families. We are witnessing a growing consensus in America that loving and committed same-sex couples deserve the same respect and the same rights as everyone else. Americans on all sides of the aisle, from Laura Bush to Bill Clinton, have embraced the reality that the freedom to marry helps families, while hurting no one. As same-sex couples in California today celebrate their love, commitment, and equal protection under the law, a majority of Californians and a majority of Americans support their right to marry.”

Here's Walker's official ruling:

Final Stay Order

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Comments

  1. WONDERFUL NEWS !!!
    HURRY AND TAKE ADVANTAGE OF THIS WINDOW BEFORE THE 9TH CIRCUIT PLACES ANOTHER HOLD ON THINGS.

    Posted by: Hunter | Aug 12, 2010 3:29:15 PM


  2. Congratulations Andy, your reporting beat the San Francisco Chronicle, the LA Times and the NY Times.

    Posted by: Buster | Aug 12, 2010 3:29:53 PM


  3. You also beat CNN, MSNBC, and any other news outlet. Awesome, Andy. Thank you.

    Posted by: Amber | Aug 12, 2010 3:31:56 PM


  4. We won this round pretty decisively!

    Posted by: Matthew Rettenmund | Aug 12, 2010 3:32:15 PM


  5. FREE. TO. MARRY. FREE. TO. MARRY.

    I've been watching the live feed all morning here under my sheets in Sydney. It's now 5:30am. When people ask me why I'm tired at work in a few hours, I will have QUITE the good reason :)

    Posted by: Kyle | Aug 12, 2010 3:33:35 PM


  6. CONGRATULATIONS!!!!! GO GET MARRIED!! :)

    Posted by: Jim in MN | Aug 12, 2010 3:34:58 PM


  7. CHEERS TO MY CALIFORNIANS!!!

    That loud wet sound you hear is Maggie Gallagher popping like a blood-filled tick.

    Posted by: Strepsi | Aug 12, 2010 3:38:26 PM


  8. Congratulations to those who committed their time and dedication to this effort. And to those in California about to marry - our thoughts and best wishes are with you!

    Posted by: robert723 | Aug 12, 2010 3:39:08 PM


  9. MSNBC is reporting the stay is still in place until August 18th.

    Posted by: ATLJason | Aug 12, 2010 3:40:07 PM


  10. Excellent news! The stay is on until the 18th it looks like but still, great news!

    Congratulations to all our Californian friends! You sure keep putting New York to shame!

    Posted by: David | Aug 12, 2010 3:41:05 PM


  11. None of the factors the court weighs in considering a
    motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to
    enter judgment forthwith. That judgment shall be STAYED until August18,2010at5PM PDT a which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.
    IT IS SO ORDERED.

    Posted by: dan | Aug 12, 2010 3:43:07 PM


  12. CNN is also reporting the stay will stay in place until the 18th @ 5 P.M.

    Posted by: Jay | Aug 12, 2010 3:43:46 PM


  13. Here is the official word from the website: "None of the factors the court weighs in considering a
    motion to stay favors granting a stay. Accordingly, proponents’ motion for a stay is DENIED. Doc #705. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until
    August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8."
    I think this means weddings can start next Thursday bright and early.

    Posted by: Adam | Aug 12, 2010 3:44:10 PM


  14. Judge Walker for SCOTUS!

    Posted by: JNJ | Aug 12, 2010 3:45:10 PM


  15. So, the headline is wrong. Be the first to report, but get it right.

    Posted by: dave | Aug 12, 2010 3:46:12 PM



  16. Suck it, Maggie Gallagher and Tony Perkins!!!

    Posted by: Ninong | Aug 12, 2010 3:47:11 PM


  17. He lifted the stay, then stayed the lifting.

    This is why law school is so hard and lawyers are paid so much...

    Posted by: BobN | Aug 12, 2010 3:51:03 PM


  18. Congratulations to California! And, seriously, if you're gay and in a committed relationship and are considering getting married, DO IT NOW. Just in case. Plus, it will boost the economy, garner attention, and start normalizing it to exponentially more and more close-minded folks in CA and everywhere you or your guests travel.

    Posted by: fred | Aug 12, 2010 3:51:28 PM


  19. I've got to say, another awesome ruling from Judge Walker. Not only does he deny the stay, but he reiterates that the pro-prop 8 people likely won't even have grounds to file an appeal, since the government doesn't back the appeal.
    Awesome.

    Posted by: stolidog | Aug 12, 2010 3:54:17 PM


  20. I think I just heard Maggie Gallagher's head explode.

    We need a Wal-Mart associate with a mop to aisle three for a clean up; an associate with a mop to aisle three for a clean up!

    Posted by: TampaZeke | Aug 12, 2010 3:54:30 PM


  21. The order stays the ruling for a week, which is just enough time for the 9th Circuit to issue a stay until it hears the case, which seems to be likely. I don't think any gays will be getting married in CA before this goes to the Supreme Court in 2 or 3 years.

    Posted by: Stephen | Aug 12, 2010 3:56:44 PM


  22. There will be all kinds of pressure now to force Arnold or Jerry to appeal. Barring that, I don't know much they can do...if they somehow get a stay, the fix was in...I don't see how any rational person could come to another conclusion.

    Posted by: Mike | Aug 12, 2010 3:58:54 PM


  23. Stephen at 3:56 is correct. People, don't pop the champagne yet. Appellate courts reverse lower courts on stays all the time. The 9th has already done that once in this case.

    Posted by: Will | Aug 12, 2010 3:59:39 PM


  24. Congratulations Kris and Sandra, and Paul and Jeff. Great work.

    Posted by: Randy | Aug 12, 2010 4:01:25 PM


  25. Well, I thought Walker would issue the stay simply because the Ninth Circuit is likely to. But he's clearly a man of integrity who won't do what's political or logistical, but only what's in the interests of justice and follows the law. He's an unflinching hero.

    So gays may not be able to marry quite yet, but I still better line up a husband. Judge Vaughn is single, right? 'Cause right now, I love him enough to marry him. (And I'd make him very happy ... perhaps even as happy as he's made me!)

    Posted by: Zlick | Aug 12, 2010 4:04:48 PM


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