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

Comments

  1. Kyle says

    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 :)

  2. robert723 says

    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!

  3. David says

    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!

  4. dan says

    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.

  5. Adam says

    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.

  6. fred says

    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.

  7. stolidog says

    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.

  8. TampaZeke says

    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!

  9. Stephen says

    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.

  10. Mike says

    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.

  11. says

    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.

  12. Zlick says

    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!)

  13. Paul says

    I’m sorry to look a gift horse in the mouth but haven’t we waited long enough!!!

    He ruled that Prop 8 was unconstitutional, why not lift the stay immediately?!!!

  14. says

    “Since Andy is not a professional journalist”

    Actually, he is.

    (Not dissing him because I have no dog in the fight about if anyone jumped the gun because this is a confusing procedural matter for laypersons.)

  15. DireFates says

    It could be years before a final ruling on the stay. The 9th cir could affirm lifting the ban but then issue a stay to its decision so it could be appealed to the US SCt. The US SCt is busy. They might not hear the appeal for months.

  16. says

    I’m not kidding guys – I’m looking for a husband even if it is a marriage of convenience. I’ve wanted to be married my whole life, ever since I was a little kid, and always resented the fact that I was forced to check that box as “single”. An open marriage would be fine with me. I’ve had too many friends die from disease and accidents and my last partner died from pancreatic cancer after 8 years of bliss. His estate went to his homophobic brother and I don’t want that to happen to me. I’ve worked hard all my life and would want it all to go to my legal spouse, not the State of California. I’ll consider any serious offer… :-)

  17. Zlick says

    OS2GUY, the way I feel today (high in the sky), I would marry just about any guy I got along with for half an hour.

    Seriously, I proposed to four cute guys I saw while I was on my way to lunch, reading the Order as I walked along. That’s how ecstatic I am.

  18. says

    I want to acknowledge that, as Andy notes, we did jump the gun today. I apologize for that.

    As one of my “tough love” law profs declaimed during the first few weeks at law school eons ago — “The first rule of being a good lawyer is: Read on.”

    Fortunately, we all scrambled quickly to correct the nuances and clarify that this was another big step forward, with the marriages set to resume August 18 unless the Ninth Circuit appellate court issues a stay. And regardless, Judge Walker’s denial of the stay is a major restatement of what we saw in his courtroom: the opponents of the freedom to marry have no evidence to back up their claims, no good reason for denying the freedom to marry to committed couples, no justification for withholding equal protection under the law.

    Today was a good reminder, and also a validation of how people are looking to Freedom to Marry more and more; we want that involvement and don’t want to let people down.

    Now, let’s celebrate the good news and get to work building on it…

    Evan

  19. Miss JuJu BeBe says

    Since Andy is not a professional journalist, he is under no obligation to adhere to professional journalistic standards, such as fact-checking before publishing.

    Posted by: GrabbinNewscum | Aug 12, 2010 4:04:58 PM

    MISS GRABBY;YOU HATEFUL PIECE OF SHIT.GO TO A RIGHT WING SITE WITH YOUR BULSHIT. ANDY SHOULD BAN YOUR STUPID HATEFUL FAGGOT ASS. WE’RE ALL CELEBRATING AND YOU’RE BITTER BECAUSE YOU CAN’T FIND NO DECENT COCK TO SUCK. WHO WOULD WANT TO BE BOTHERED WITH YOUR HATEFUL ASS.

  20. says

    Here are a couple of “outs” for the far right extremists on the Supreme Court, assuming they realize that justice and truth are their jobs and the only logical outcome is that prop 8 is unconstitutional and illogical:
    Refuse to hear the case-then it will only apply to California, no precedent set.

    Find that gay marriage equality cannot be removed once it has been given, since civil rights are never to be voted on, they have no right. So the case will ONLY apply to California, since that’s the only state where gay citizen’s already given right was illegally removed.

    Both of these options never open the can of worms of trying to dance around the idea that gay citizens are actual human beings, and so deserve all the civil rights of other actual human beings. They can narrow their discussion to a sliver and delay any mess for the public to decide piecemeal.

  21. says

    Find that gay marriage equality cannot be removed once it has been given, since civil rights are never to be voted on, they have no right. So the case will ONLY apply to California, since that’s the only state where gay citizen’s already given right was illegally removed.
    i agree with your opinion. In morden times, many things have changed, so it is different from the past.

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