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Breaking News: California Gay Marriages Start AUG 18th – Judge Walker Lifts Stay

Posted by: Lez Get Real on August 12, 2010.

Gay and Lesbian Couples will NOT be getting licenses today to get Married. People have been Lining up outside the Courthouse since early this morning. If there is a likely immediate appeal there may only be a small window of opportunity only – because the Ninth Circuit Court of appeals may issue a STAY based on an appeal of the stay! However the Judge has avoided that by setting Stay lift for 18th.

San Francisco, Today Federal Court Judge Vaughn Walker agreed with Attorneys for Plaintiffs in the recent Perry v. Schwarzenegger case which overturned Proposition 8, that a STAY of the immediate resumption of same-sex marriages in California, would do more harm than good.

This is released at the same time that the Judge formally enters his Judgment overturning California proposition 8.

The Judge, having reviewed briefs from interested Parties, ruled to lift the temporary stay, refused a long term STAY; and has opened the door for marriages to commence immediately in California.

The Stay is lifted with EFFECT AUGUST 18th 2010

Order:- “None of the factors the court weights in considering a motion to stay favors granting a stay. Accordingly, proponents’ motion to stay is DENIED. The clerk is directed to enter judgment forthwith. That judgment shall be STAYED until August 18th at 5pm…at which time all persons under their control or supervision shall cease to apply or enforce Proposition 8.”

UPDATED According to National Center for Lesbian Rights in a subsequent Release this means: In practice, this means that the proponents of Prop 8 have a chance to file a motion for stay with the Ninth Circuit, and the Ninth Circuit has a chance to grant or deny that motion, but it must do so by August 18. If it does not, marriages will automatically start again at that time.

The Plaintiffs’ and Plaintiff Intervenor’s in their joint opposition to Defendant-Intervenors’ motion for a stay pending appeal, under case no. 09-cv-2292 vrw, provided vigorous opposition to the motion for the stay of same sex marriages, stating:

“After a full and fair trial on the merits of Plaintiffs’ constitutional claims,” on August 4, 2010, Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates Plaintiff’s due process and equal protection rights and they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.”

The Court ruled in its Judgment to the Trial that Plaintiffs are entitled to entry of judgment permanently enjoining enforcement of that unconstitutional enactment. As the Court also explained in its initial ruling, “California has no interest in waiting and no practical need to wait to grant marriage licenses to same-sex couples.” (Page 128 of the Prop 8 original Judgment)

“The arguments on which the motion to stay was attempting to stop Gay Marriage- “fly in the face of the detailed and thorough findings,” made by Judge Vaughn Walker, asserted the Plaintiffs in their opposition to the Stay.

Relief for the stay to remain in effect would have required an extraordinarily high burden of proof.

Proposition 8 proponents and the Defendants failed at trial to show how same-sex marriage could cause any harm and tried to use those same adjudicated arguments to justify a stay of the immediate licensing of marriage that would in effect have denied Californians their Constitutional rights to equality in marriage.

The STAY would have been more harmful to society than if marriages did not commence immediately.

If the Judge did not throw out the stay, he would in effect be ruling against himself as the Defendants failed to provide any compelling reason why marriages should not commence immediately. One cannot simply use the de facto (factual) right to appeal vs. the de Jure (the law) standing of same-sex couples who would like to marry now.

Think about the 18,000 already married before the law changed. There is not a single instance of how these marriages have impacted society in a detrimental fashion so even if Judge Walker’s ruling were overturned by SCOTUS – in the future – there would be no harm in adding another 18,000 plus to our ranks.

Couples have been lined up since earlier today to Marry and Local television has been keeping us on the edge of our seats through the morning wait.