Posted on 08/13/2010 4:15:28 AM PDT by xzins
SAN FRANCISCO, Aug. 12 (UPI) -- California will not appeal a U.S. judge's decision to lift a stay on his injunction blocking the state's voter-enacted ban on same-sex marriage, officials said.
U.S. District Court Judge Vaughn R. Walker said Thursday he would lift the stay and allow same-sex marriages to proceed, but not until Aug. 18. Such marriages would be permitted after that unless an appeals court, possibility the U.S. Circuit Court of Appeals for the 9th Circuit, issues a stay beyond the date.
Walker warned the amendment's sponsors may not have standing, or status, to make the appeal because they were not affected by the stay.
"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the court of appeals will be able to reach the merits of proponents' appeal," Walker wrote. "In light of those concerns, proponents may have little choice but to attempt to convince either the governor or the attorney general to file an appeal to ensure jurisdiction."
Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown had urged the judge to immediately lift the stay, allowing gay and lesbian marriages to go on during the legal process, and a spokesman for the governor indicated Thursday Schwarzenegger will not appeal the ruling, the Los Angeles Times reported.
"The governor supports the judge's ruling," spokesman Aaron McLear said.
If higher courts concur with Walker on the standing issue, they would not decide the issue on its merits, the newspaper said. However, the case could still get further hearings on procedural issues, during which time the ruling overturning Proposition 8 would stand in California.
In issuing a preliminary injunction Aug. 4 against the ban, a state constitutional amendment called Proposition 8, the judge said it "both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
The Times said the sponsors had warned they would go to the U.S. Supreme Court seeking a stay if Walker allowed same-sex marriages to continue.
California voters approved the ban in November 2008 by a 52.3 percent majority six months after the California Supreme Court ruled laws against same-sex marriage violated the state Constitution. The state court later upheld Prop 8 as a valid amendment to the state Constitution.
Your reasoning is how we ended up with a Democratic run congress, because millions of people would rather have the RATS run up a trillion dollar defeict than a Bush 100 billion. I will take a smart business leader over a 40 year politican just on the outside they may get something done. Maybe you could bend a little to get rid of Jerry.
The "ruling class" seems to think that since "they know better" we will just be good boys and girls and obey. I think in the end they will be shocked at the response.
There is a reason these people are pompous and arrogant. Voters didn’t care for many, many, many years.
We’re now paying the price for that apathy.
Nope. I don't countenance to liars. Meg stole the nomination by lying about her positions. As soon as she got the nomination she started running left. She's the female version of Arnold. I would rather have a democrat to blame when this state finally folds up it's tent and sinks into the pacific. I'm going to vote third party on this one.
Do you have a ruling class ping list?
The law is supposed to be defended whether or not the executives (Governor nor Attorney General) agree with the law or not.
The arrogance of the ruling class must not be permitted to go on without them paying a penalty for such malfeasance.
I’d also believe Fair Opinion & her posse deserve to fry in hell for her aid in undermining the recall effort. Schwarzenegger is just as bad and arguably worse than Davis ever was.
“The Alliance Defense Fund, one of the organizations defending Prop. 8 in court, has said repeatedly that the ban’s proponents have full standing to carry on their fight, considering the gravity of the case and its impact on Californians.
“It’s ridiculous to think that the proponents of the ballot initiative would be prevented from continuing to represent the successful result of that initiative all the way,” said Douglas Napier, an Alliance Defense Fund lawyer.
Santa Clara University law Professor Margaret Russell said Napier and his colleagues might be able to overcome the standing issue raised by Walker.
“It’s an interesting question,” she said. “They weren’t the original defendants in this case, but I think that because they were the parties who actually tried the case in Walker’s court, they may have standing - because right now there is no other party to appeal.”
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/13/MNFA1ERRMV.DTL#ixzz0wW4eS7DL";
The nightmare is spreading. We have a gangsta in the White House and everyone in government from the top down is corrupt and godless. We have to find a way to bring this country back to what it was...back from evil to good.
I’m a California voter - I should have standing!!!
If the history of Israel is a guide, we are in for a very very very rough go for as long as it takes to return to God.
I have no idea what that means. Do you mean Vladimir?
Agreed.
When will a leader step forward to take our grievance process to the next level?
1st amendment: “right of the people to petition for redress of grievance.”
If not being able to appeal a case brought by the people in the first place isn’t an outrageous grievance, then nothing is.
I doubt that will happen. Some churches may do gay marriages but I don't think those that refuse will be forced to.
For what little time they have left as the swing by their necks...
I have no idea what that means.
I think it was meant to be the Weimar Republic
There seem many parallels between them and us right now...
The state has declared that it will not defend a constitutional amendment legally approved in a popular vote by a majority of the state's citizens, and overturned in a ridiculous decision by one lone gay activist federal district court judge.
The government of California has utter contempt for the people of California.
This is untenable. If the normal processes of government no longer function, and citizens are disenfranchised and disregarded by an increasingly imperious ruling class, I fear we are rapidly approaching a time when violence will become the only recourse.
The American Revolution was not a Tea Party. It was preceded by a tea party.
After that, it was a war.
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