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Runaway Bride? Gay Marriage On Hold (Again) in California August 16, 2010

Posted by legalethicsemporium in Gay Marriage, Law, Ethics & Society, Religion.
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Just a quick update to the “Wedding Bells” post of August 12th  ….

Judge  Vaughn Walker lifted the stay on gay marriage, but allowed six days for the Proposition 8 team to appeal his ruling to the Ninth Circuit’s Federal Court of Appeals.  A three judge panel at that Court again imposed a stay which prevents gay marriage in California pending a review of the merits of Judge Walker’s decision.  The decision to impose the stay does not necessarily reflect what the Court  will decide about Judge Walker’s determination that Proposition 8 is unconstitutional.   The stay maintains the status quo–-no gay marriage–-until there is a final decision on the case.

One other interesting note is that the main defendants, Governor Schwarzenegger and Attorney General Jerry Brown, are not interested in pursuing an appeal.  In fact, they have voiced opposition to Proposition 8. So, the Court also needs to decide whether the parties that intervened in the case, primarily ballot sponsors such as the group Protectmarriage.com, may proceed with the appeal even though they do not enforce the laws of the state.

A bit unusual….In other words, the majority of Californians (52%) voted to ban gay marriage.  Some of its citizens, the minority in this case, objected claiming that the majority had violated the minority’s Constitutional rights. The Court agreed with the minority and the Executive Branch does not care to appeal the case because it doesn’t like the law.  A group of citizens who support Proposition 8, the majority, were allowed status in the case to argue for the majority and that group is the only one “left standing.”  Regardless of your position on gay marriage, we all should embrace the vision of democracy in motion as it “walks down the aisle.”

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