The decision has been stayed.
Not for long:
In his decision Wednesday afternoon, U.S. District Judge Vaughn Walker ordered the state to stop enforcing its same-sex marriage ban immediately. But CNN reported that Walker also issued an emergency stay, meaning that same-sex marriages are still on hold for the moment. We'll have more on that shortly.
Heres Walkers conclusion:
Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.
Lawyers for the Prop. 8 supporters filed papers Tuesday night seeking a stay that would prohibit same-sex marriage while the decision is appealed. Walker will have to deal with that separately. CNN reported that Walker is giving the defense team a chance to make their case for a stay pending the appeal. But Loyola Law Professor Douglas NeJaime said he doesn't think a permanent stay will be issued.
The tone of this is it doesn't look like he would be issuing a stay, said the law professor.
Thanks for that. I figured it would be. But this one is just long enough to hear rebuttal from plaintiff, after which a decision for a more lengthy stay will be made.
The district court also issued an order [linked] granting a temporary stay of its ruling until the recently filed motion for a stay pending appeal can be fully briefed and decided.The order reads as follows ...
Posted at 05:11 PM by Howard Bashman
Defendant-intervenors ("proponents") have moved to stay the court's judgment pending appeal. Doc #705. They noticed the motion for October 21, 2010 and moved to shorten time. Doc #706.The motion to shorten time is GRANTED.
Plaintiffs, plaintiff-intervenor and defendants are DIRECTED to submit their responses to the motion to stay on or before August 6, 2010, at which time the motion will stand submitted without a hearing unless otherwise ordered.
The clerk shall STAY entry of judgment herein until the motion to stay pending appeal, Doc #705, has been decided.