Gay Couples Await Supreme Court’s Word in California as Judge Orders Proposition 8 Case Closed

Judge James Ware today ordered the Proposition 8 case closed, Buzzfeed's Chris Geidner reports:

WareThe trial court judge in California who has taken over hearing the federal court case challenging Proposition 8, the state's amendment limiting marriages to one man and one woman, ordered the case closed today — which would allow same-sex couples to marry in California. The couples, however, will have to wait on the Supreme Court to be able to marry.

A stay of the case by the Ninth Circuit Court of Appeals pending the Supreme Court's determination of whether it takes the case means that a "mandate" will not issue allowing Ware's order today to go into effect.

The order comes despite the fact that proponents of Proposition 8 have requested the Supreme Court to review the case because, Judge James Ware wrote today, all requests to stay the judgment in the case have been denied.

The American Foundation for Equal Rights confirms, in a tweet:

Today's court activity in the #Prop8 case is just housekeeping by the court, has nothing to do with judgement taking effect.


  1. nn says

    What is the meaning of doing this? Is there anything being achieved at all.

    I feel a little stupid, but I did not understand, maybe someone can explain it a little easier.

    And most of all will the Supreme Court going to take the case, that is the big question. Again we are not going to know for a while.

  2. says

    this is just official housekeeping this is no longer a California case…it has been sent to the supreme court if they choose to hear it it goes on as a supreme court case if they don’t choose to hear it then it comes back to the ninth district where they enforce their decision and marriages could start again in CA. This could be as soon as October.

  3. says

    The stay is inappropriate since there are already 8,000 same-sex marriages in California that will never be challenged (according to all concerned parties). A stay should only be applied to prevent an irreversible action from taking place, but that train left the station four years ago.

  4. Icebloo says

    The whole US legal system needs redesigning. It’s a an embarrassing mess. It’s been created this way so people do not have a clue what the hell is going on.

    It’s time to scrap the right wing biased supreme court, all the unnecessary and never ending different levels of courts/judges and get rid of the out of date and badly designed Constitution. All of this is being used against the majority of people to keep the elite untouchable at the top safe and in power.

  5. Stefan says


    Giving the great response our side gave to the appealetes of the case, the narrow ruling from the 9th, and the fact that this case breaks no new ground and essentially just upholds existing law, I’d say it’s unlikely that they will take the case. We will know as soon as September 24 but no later then the end of October.

  6. zekeaz says

    My prediction, for what it’s worth, is that the Supreme Court will uphold Proposition 8. Their argument will be that if California voters want gay marriage to be legal, a remedy exists. Legalize it at the ballot box or the legislature, which would probably have been a better course of action anyway.

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