Posted on 08/12/2010 1:40:03 PM PDT by detritus
Judge Vaughn Walker has lifted the stay on his Proposition 8 ruling, which deemed a ban on gay marriage as unconstitutional.
Walker's ruling last week was ground breaking, but it still kept the ban on gay marriage intact, until Prop 8 was ruled on by the 9th Circuit Court of Appeals. Walker has now removed the stay, and will allow for gays and lesbians to marry in the state of California.
Walker said that he would lift the stay on August 18th. The LA Times reports that the temporary hold on gay marriage is to allow supporters of Prop 8 time to appeal the ruling.
Walker says that gay marriages can resume on August 18th, unless a higher court ruling blocks them....
(Excerpt) Read more at indyposted.com ...
For all the left’s screaming about
“don’t impose your morality on me!”
what the heck do they think they’re doing?
Do they consider their “morality” to be neutral?
No, this won’t end well. The left INSISTS on imposing its “morality” on everyone, and subjugating everyone to what they think is best,
and we INSIST on remaining free and keeping our kids free.
They have the State, we have the arms.
I think we should just abolish the legislative and executive branches altogether. If some jusge can throw out a law based merely on the fact that he doesn’t like the law, what good are our elected officials? I say we just save some taxpayer money and let the men in black do what they’re already doing in the first place.
And also do away with ballot propositions.
Let the gaytrimonial fudge packings commence!
All part of the plan. Judge overturns Prop 8, let the gay marriages resume and soon there will be so many “married couples” that it will be impossible to put the genie back in the bottle even when it is overturned.
Actually, Judge Walker made his decision. Homosexual marriage resumes in CA on Aug 18 UNLESS the 9th Circuit Appellate Court rules otherwise. Fat Chance of that happening.
If our “side” had the character their “side” has, there would be rioting and other violence.
The ruling is going to be overturned very soon - I guarantee it. This is an avowed queer judge ruling on a homosexual case. He should have recused himself immediately. Would we allow a proud pedophile judge to render verdicts on boy rape cases involving the Catholic Church? Would we pick an openly polygamist judge to preside over polygamy cases? The USSC is going to overturn this AIDS dementia judge in a second.
Huh? By that argument, a straight judge can't rule, either. How many bisexual judges do you think there are on the bench?
See? We don’t even need voters.
In his decision, Walker expressed his doubt that an appeal would be successful."Based on the trial record, which establishes that Proposition 8 violates plaintiffs' equal protection and due process rights, the court cannot conclude that proponents have shown a likelihood of success on appeal," he wrote.
People in the United States are split over the idea of allowing same-sex marriage. Forty-nine percent of respondents said they think gay and lesbian couples have the constitutional right to marry and to have their marriages recognized by law, while 51 percent say those rights do not exist, according to a new CNN/Opinion Research Corporation Poll.
He doesn't have that discretion. His oath requires him to appeal it ("uphold and defend...").
This is what Davis pulled with 187. And that's how MuscleHead got elected, and Davis dis-elected.
SOB can't leave soon enough.
“a straight judge can’t rule, either”
Huh? You’re seriously proposing that openly polygamist judges preside over cases involving polygamy - or proud pedophile judges are assigned cases involving NAMBLA? Hello? What planet are you from?
Oops! (Looks like even good presidents aren't infallible.)
but he was not the only defendant was he?
It seems a serious issue of conflict if it can be argued the defendant intentionally lost.
or he was nominated because he could be blackmailed?
so the people protest.. vote... pass a bill... which gets signed into law...
and a single judge overturns it with a pen stroke.
exactly why are we participating in this charade again?
I agree that the chances of that happening are small, but it's not impossible-- there are some conservative judges on the 9th Circuit, and the motion will go to a randomly-drawn 3-judge panel, so a stay may be granted if the case draws the right panel.
More importantly, if a stay is denied by the 9th Circuit, the Supreme Court can grant a stay. If I had to bet, I would say that SCOTUS will stay this by a vote of 5-4, with Kennedy in the majority.
I believe the only named defendant was Schwarzenegger. When Schwarzenegger and Jery Brown (as State Attorney General, he is supposed to defend all state laws in court) declined to defend the case, Judge Walker allowed pro-Prop. 8 organizations to defend the law, but he is now saying he didn't formally allow them to intervene as parties, so they can't appeal. I don't expect that part of his ruling to survive even in the 9th Circuit.
It seems a serious issue of conflict if it can be argued the defendant intentionally lost.
That's in effect what happened with Prop. 187 (the anti-illegal immigrant proposition). Governor Gray Davis refused to appeal the court ruling against it, and Prop. 187 never went into effect.
So now the name plaintiff allows the one party to assume the defense, the judge does the same, and then ooops sorry no standing.
talk about justice denied.
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