[freedomwarrior998]

-- You really think he is going to stay this decision. I expect that it will go into affect immediately. --

The decision has been stayed.

[Smogger]

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.

Here’s Walker’s 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.

Source

[Cboldt]

-- The decision has been stayed. --

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.
Posted at 05:11 PM by Howard Bashman

The order reads as follows ...

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.